Questions related to Comparative Law
The South Asian legal systems are still bearing colonial heritage of the British Indian empire inside its important laws. Basic laws in the field of evidence law, civil procedure, criminal procedure, penal law, contract law, personal law and so many other fields. Larger portion of these legislations are based on either the principles of Roman Law, Common law.
Most of these outdated and socially irrelevant laws are causing severe damage to the judicial systems and the societies. Complex laws are creating case-backlogs, laws with socially irrelevant remedy and lack of deterrance in punishments are creating social disorder.
Moreover, from a jurisprudential perspective, we can not expect a portion of victorian age legal system to be applied into some modern heterogenous societies having high opportunity of socio-economic prosperity.
I wonder if there are any jurisdictions in the world that do not provide an appellate body for civil disputes (in the sense of a legal and, albeit limited, factual review of the first instance judgment)?
I would greatly appreciate your answers! Thank you so much in advance!
Hello All, i have a comparative law research paper with functionalist method, about the presidents veto power in Afghanistan and Germany. Can anyone please suggest me some useful sources?
The La Porta, Lopez de Silanes et al thesis establishes that investor protection determines levels of firm ownership concentration. Therefore, weak investor protection tend to cause high levels of firm ownership concentration.
However, local business culture could also affect the levels of firm ownership concentration. In one country local businessmen may have preferences for higher concentration.
How can one measure one or the other? How can one determine which one is the real cause?
for example, i want to look for some cases about Trust in England, but i don't know how.
I'm a law student in Germany and have great interests in comparative law.
Thank you in advance.
I am interest in a good text about the law protection of this type of rights in comparative law.
I am writing a thesis abut the right of the child to be heard, in special the participation right in judicial and administrative procedures affecting them. I need information in the fields of human rights, comparative law, legal and sociological studies, etc. all information will be welcome.
My investigation is centered in the participation right of the child and all the rights related: the right to be respected, the right to information, the right to be heard, the right to express their points of views, in special in the judicial and administrative process, in special in what concern children and young people in conflict of law.
I mean: in a state of exception all legal categories collapse, and at the end of day the same act can deserve a medal or be deemed high treason. In this way it represents, according to me, a pure political world, where the law is suspended.
From my viewpoint the law is to a large extent an ontology, a weaponed ontology, establishing the things composing the stuff of the world : goods, persons, properties, absolute rights, agreements, deeds, covenants, contracts, and so on.
Then it seems to me that a pure political state has no ontology, and as such is completely shapeless, and it works only through decision and mobilisation.
This would also be practically important in the US constitutional law, since the Supreme Court maintains that a "political question" can not be justiciable.
As such the nature of the political seems to lie outside the law in a realm of pure ontological ambiguity where all things get confused, precisely at the opposite of a world governed by the rule of law, which needs, first of all, a fixed social ontology to establish its own domain.
Is such a sharp opposition between the legal and the political, in ontological terms, sustainable or not ? And where it can bring us to?
The legal pluralism accept the idea that coexist more than one juridical system, in the case of indigenous people the have their own juridical system. Extractives industries most of the time relate with this particular juridical system. Which is the role of the state in this relationship?
I got some feedback on a paper I'm writing on "Analysis of Legal Pluralism in Family Laws in Nigeria and Malaysia" where the commentators were asking if I could use normative approach or participant observation as the methodologies to be adopted.