G china- EU School of law中欧法学院 lcic0ne中者去甲 OUTLINE SESSION 1 1 INTRODUCTION TO THE COURSE COMPARING LEGAL CULTURES BRIEF JOURNEY THROUGH EUROPEAN LEGAL HISTORY: COMMON LAW CIVIL LAW AND THE INVENTION OF THE TRADITIONS
OUTLINE SESSION 1 1. INTRODUCTION TO THE COURSE. COMPARING LEGAL CULTURES 2. BRIEF JOURNEY THROUGH EUROPEAN LEGAL HISTORY: COMMON LAW, CIVIL LAW AND THE INVENTION OF THE TRADITIONS
G china- EU School of law中欧法学院 lcic0ne中者去甲 Why to compare legal cultures? a " Students become acquainted with a foreign legal system thus examining their own legal system from a new perspective d "CESl assists the chinese government in its efforts to develop a society based on the rule of law by building a bridge between european and chinese legal cultures and educating the future elite of legal practitioners in China u"It is the aim of the China-EU School of Law not only to build a bridge between European and chinese legal cultures but also to educate a future elite of legal practitioners working within the frame of sino-European relations Extracts from CESL webpage http://www.cesl.educn/eng/upload/201002114738412.pdf)
Why to compare legal cultures? ❑ “Students become acquainted with a foreign legal system thus examining their own legal system from a new perspective” ❑ “CESL assists the Chinese government in its efforts to develop a society based on the rule of law by building a bridge between European and Chinese legal cultures and educating the future elite of legal practitioners in China” ❑ “It is the aim of the China-EU School of Law not only to build a bridge between European and Chinese legal cultures, but also to educate a future elite of legal practitioners working within the frame of Sino-European relations” (Extracts from CESL webpage http://www.cesl.edu.cn/eng/upload/201002114738412.pdf )
G china- EU School of law中欧法学院 lcic0ne中者去甲 Summing up: Why to compare legal cultures? o " In order that students understand the functions of law in an economically and politically linked world they are taught about the principles, regulations and procedures of european and international law. current issues of law and policy receive special emphasis as do interdisciplinary features such as economic, cultural and historical facets" (http://www.cesl.edu.cn/eng/upload/201002114738412.pdf)
Summing up: Why to compare legal cultures? “In order that students understand the functions of law in an economically and politically linked world they are taught about the principles, regulations and procedures of European and international law. Current issues of law and policy receive special emphasis, as do interdisciplinary features such as economic, cultural and historical facets” (http://www.cesl.edu.cn/eng/upload/201002114738412.pdf )
G china- EU School of law中欧法学院 lcic0ne中者去甲 Why to compare?(CESL point of view Cultural bridge between European and chinese legal cultures Legal education of professionals Efforts to develop the rule of law in China Economic, cultural and historical aspects of the legal cultures Legal culture ="Specific way in which values, practices and concepts are integrated into operation of legal institutions and the interpretation of legal texts (Bell, 1995, apud Orucu, p 59)
Why to compare? (CESL point of view) • Cultural bridge between European and Chinese legal cultures • Legal education of professionals • Efforts to develop the rule of law in China • Economic, cultural and historical aspects of the legal cultures Legal culture = “Specific way in which values, practices and concepts are integrated into operation of legal institutions and the interpretation of legal texts” (Bell, 1995, apud Ö rücü, p. 59)
G china- EU School of law中欧法学院 lcic0ne中者去甲 Why paying attention to history for comparing legal cultures? u Two main European legal cultures: coMmon LAW CIVIL LAW a Why should we start by making a short history of some european legal traditions? u European legal systems share a democratic political base and a constitutional setting of rights and powers guaranteed by the judiciary u Comprehension of rights, political subject, society, power, constitution, nation. law. acts, institutions u makes the difference among traditions o is due to history political, economic, social, religious development
Why paying attention to history for comparing legal cultures? ❑ Two main European legal cultures: COMMON LAW & CIVIL LAW ❑ Why should we start by making a short history of some european legal traditions? ❑ European legal systems share a democratic political base and a constitutional setting of rights and powers guaranteed by the judiciary ❑ Comprenhension of rights, political subject, society, power, constitution, nation, law, acts, institutions…: ❑ makes the difference among traditions ❑ is due to history → political, economic, social, religious… development