NCJ Number
50345
Date Published
1976
Length
187 pages
Annotation
COMTEMPORARY LEGAL CULTURES ARE COMPARED IN TERMS OF THE SOURCES OF LAW, THE ENDS OF LAW, THE PROFESSIONALS WHO WORK WITHIN THE LEGAL SYSTEM, THE PROCESSES OF THE SYSTEM, AND THE LIMITS OF LAW.
Abstract
THE BOOK IS PART OF A SERIES ON CONTEMPORARY COMPARATIVE POLITICS DIRECTED TO UNDERGRADUATE STUDENTS. THE OPENING CHAPTER DEFINES THE CONCEPT OF LEGAL CULTURE, DISCUSSES THE DEVELOPMENT OF LEGAL CULTURES, AND DESCRIBES FOUR GENERAL CATEGORIES OF LEGAL CULTURES: THE ROMANO-GERMANIC FAMILY, WHICH INCLUDES COUNTRIES IN WHICH LEGAL SCIENCE HAS DEVELOPED ON THE BASIS OF ROMAN LAW; THE FAMILY OF THE COMMON LAW (THE LEGAL SYSTEM OF ENGLAND AND THOSE SYSTEMS MODELED ON ENGLISH LAW); THE FAMILY OF THE SOCIALIST LAWS; AND NONWESTERN LEGAL FAMILIES (E.G., ASIAN AND AFRICAN COUNTRIES). SOURCES OF LAW -- THE MATERIALS FROM WHICH LEGAL RULES ARE FASHIONED ONCE LEGAL OBLIGATIONS HAVE EMERGED IN SOCIETY -- ARE DISCUSSED. THESE MATERIALS INCLUDE CUSTOMS BASED ON RELIGIONS OR SECULAR TRADITIONS, DECISIONS BY JUDICIAL BODIES OR OTHER NOTABLES, WRITTEN RULES, STANDARDS OF JUSTICE, AND LEGAL WRITINGS. IT IS NOTED THAT THE RELATIVE IMPORTANCE GIVEN TO EACH SOURCE BY THE VARIOUS LEGAL FAMILIES, OR BY DIFFERENT COUNTRIES WITHIN THE SAME FAMILY, VARIES CONSIDERABLY. A DISCUSSION OF THE ENDS OF LAW CONSIDERS THE CONCEPTS OF RIGHTS AND DUTIES, THE RULE OF LAW, AND LEGITIMACY. IT IS POINTED OUT THAT, BECAUSE LAW IS BOTH AN INSTRUMENT OF CHANGE AND AN OBJECT OF CHANGE, THE ENDS OF LAW SELDOM WILL BE IDENTIFIED FOR LONG WITH A SINGLE VALUE (JUSTICE, UTILITY, SECURITY). THE TRAINING, SOCIALIZATION, AND RECRUITMENT OF 'LEGAL NOTABLES' -- JUDGES, ADVOCATES, LEGAL ADVISORS, LEGAL SCHOLARS, AND LEGALLY TRAINED PERSONNEL IN GOVERNMENT SERVICE OR PRIVATE BUSINESS -ARE DISCUSSED, WITH REFERENCES TO DIFFERENCES AND SIMILARITIES AMONG LEGAL CULTURES. CHAPTERS ON THE WAYS AND MEANS OF THE LAW EXAMINE CONFLICT RESOLUTION AND JUDICIAL PROCESS, THE SCENARIO OF JUDICIAL PROCEEDINGS, LAY PARTICIPATION IN THE JUDICIAL PROCESS, THE NATURE AND STYLE OF JUDICIAL DECISIONMAKING, AND ALTERNATIVES TO JUDICIAL DECISIONMAKING (MEDIATION AND ARBITRATION, ADMINISTRATIVE TRIBUNALS) -- AGAIN, WITH REFERENCE TO DIFFERENCES AND SIMILARITIES AMONG LEGAL CULTURES. THE CLOSING CHAPTER CONSIDERS THE LIMITS OF THE LAW -- THE IMPACT OF COURTS ON SOCIETY, COURTS AND POLITICS, THE POWER OF JUDICIAL REVIEW, AND LAW AND MODERNIZATION. A BIBLIOGRAPHY IS PROVIDED. (LKM)