The Nature of the Common Law and the Comparative Study of Legal Reasoning

1990 ◽  
Vol 38 (1) ◽  
pp. 143 ◽  
Author(s):  
Hanns Hohmann
2016 ◽  
Vol 9 (5) ◽  
pp. 267
Author(s):  
Nader Ghanbari ◽  
Hassan Mohseni ◽  
Dawood Nassiran

Comparing the legal systems is a specific method in which due to its important function is considered as a separate branch in law. None of the branches in law can place its knowledge merely on ideas and findings within the national borders. Several basic objections have been given regarding the definition and purpose of comparative study in civil procedure. In addition there are specific problems regarding studying practically the similar systems in a legal system like differences in purpose, definition and concept. In different legal systems like civil law and common law systems in which there is a divergence, even the judicial system`s organs and judges` appointment and judicial formalism are different, which add to the problems of the comparative study. Reviewing these differences could lead to a better understanding of these legal systems and recognizing the common principles in making use of each other`s findings considering these differences and indicate the obstacles of comparative study in this regard.


2007 ◽  
Vol 7 (3) ◽  
pp. 207-221 ◽  
Author(s):  
Dragomir Cosanici

AbstractThis study by Dragomir Cosanici provides a bibliometric, comparative study of the citation practices of the state supreme courts in the common law jurisdictions of Indiana, Kentucky, Michigan and Ohio, USA during a recent ten-year span (1994–2004). It focuses on the type of legal materials most frequently cited as authority, examining the importance of both primary and secondary sources. It specifically analyses the growing usage of electronic citations by the four supreme courts.


2020 ◽  
Vol 13 (2) ◽  
pp. 209
Author(s):  
Ahmad Torabi

This paper focuses on the situation of doctrine of “piercing the corporate veil” in the current Iranian legal system especially in the Iranian Commercial Code and in the Iranian Civil Code. The author discusses the ambiguities and legal challenges which arise, directly or indirectly, from implementation of these challenges. There is also a comparative study of the doctrine with the common law system. The paper aims to highlight the defects of this doctrine in the Iranian law system and provides suggestions to improve it.


2016 ◽  
Vol 12 (3) ◽  
pp. 135
Author(s):  
Seyed Mohammad Mousavi ◽  
Arash Babaei ◽  
Shamsollah Khatami ◽  
Yousef Jafarzadi

<p>One characteristic of the force of law in the country, the integrity of the rules in all areas of all aspects of creation into account the distinction between crime and the crime and failed or incomplete in acts of crime and crime as the withdrawal. In this respect the rules on penalties culpability in the crime has been proposed that the content of the crime with absolute responsibility of these categories has manifested. Under the Articles 144 and 145 of the Latest version Islamic criminal law (2013), Create unintentional offenses, subject to verification of the fault committed. In crimes ranging from quasi-intentional unintentional deviation as retaliation book rules apply. Legislator to commit a fault, the reason for the error is considered criminal, which has always been considered an objective measure and a ruler (in Article 145), while the common law under subsection (1) "criminal law to crimes" adopted 1981 crime start as the offense is punishable total. This study showed that certain similarities between the laws. In this context, the two internal laws and the common law can be found, in which the underlying offense of absolute liability is not fixed in the courts. Always treat judges and lawyers in the face of legal texts are not consistent because of the lack of transparency and clarity of the rules. In particular, in the common law, when a crime for the first time in cour t, and a warrant has been issued about it in terms of predicting the law and with regard to the interpretation of judges, procedural difference is more tangible.</p>


2020 ◽  
pp. 1-20
Author(s):  
Rodrigo Camarena ◽  
Bradly J. Condon

Abstract The ‘new NAFTA’ agreement between Canada, Mexico, and the United States maintained the system for binational panel judicial review of antidumping and countervailing duty determinations of domestic government agencies. In US–Mexico disputes, this hybrid system brings together Spanish and English-speaking lawyers from the civil and the common law to solve legal disputes applying domestic law. These panels raise issues regarding potential bicultural, bilingual, and bijural (mis)understandings in legal reasoning. Do differences in language, legal traditions, and legal cultures limit the effectiveness of inter-systemic dispute resolution? We analyze all of the decisions of NAFTA panels in US–Mexico disputes regarding Mexican antidumping and countervailing duty determinations and the profiles of the corresponding panelists. This case study tests whether one can actually comprehend the ‘other’. To what extent can a common law, English-speaking lawyer understand and apply Mexican law, expressed in Spanish and rooted in a distinct legal culture?


2017 ◽  
Vol 8 (1) ◽  
pp. 478-486
Author(s):  
Zahra Sonia Barghani

Abstract Throughout human history bereavement has always imposed its undeniable and inevitable impact on the life of those affected by it. Despite all discrepancies what can be considered the common ground in bereavement among all nations regardless of cultural, ideological, religious and ethical values is the fact that bereavement infuses an indispensable change into the lives of those encountering it. The comparative study of Burial and The Handsomest Drowned Man in the World by Iranian and Colombian authors, respectively, points out the unconventional reversed handling of bereavement which results in obtaining insight into the human capacity to mature. Both authors make their characters inseminate their barren lives with grief to produce a change which is drastic and flourishing in Gabriel Garcia Marquez and soothing and stabilizing in Bijan Najdi. Through the course of the stories the childless couple in Najdi and the villagers in Garcia Marquez are gradually exposed to the truth of their lives ironically by the corpses coming up their ways quite unexpectedly and learn to develop new identities, attaching themselves to and possessing the bodies. This comparative study sheds light on how the revelation they experience inculcates a joyful, fluid mobility in the villagers and stability in the couple’s life. The study of these texts reveals the absolute notion that the actual change originates from the world within and what lies in the world without is dead.


2017 ◽  
Vol 12 (2) ◽  
pp. 209-232 ◽  
Author(s):  
Kwai Hang NG ◽  
Brynna JACOBSON

AbstractThis article compares three common law jurisdictions in Asia – Hong Kong, Malaysia, and Singapore. By studying the use of foreign citations in the reported opinions of these jurisdictions, we show that they have acquired a judicial character that is distinctively outward-looking and global. The variety and range of foreign citations suggest that the phenomenon cannot be fully explained as a matter of colonial legacy. The article further discusses the ways in which the use of foreign case citations serve as a means for legal and professional enrichment.


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