How studying foreign legal systems help us understand our own

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2. The European Union and Criminal Justice

The European Union (EU) is a political and economic union of 27 member states in Europe. The EU has played a significant role in harmonizing criminal justice standards among its member states. Through initiatives such as the European Arrest Warrant and the European Convention on Human Rights, the EU has sought to promote cooperation and ensure that individuals are treated fairly and equally across the bloc.

3. Approaches to Comparative Study

• Historical Approach: This approach examines the historical development of legal systems and how they have been influenced by cultural, political, and social factors.
• Political Approach: This approach focuses on the relationship between law and politics, examining how political factors influence the development and implementation of legal systems.
• Descriptive Approach: This approach involves simply describing and analyzing different legal systems without making judgments about their effectiveness or fairness.

Each approach has its own strengths and weaknesses. The historical approach provides context and helps to explain why legal systems differ. The political approach highlights the role of power and politics in shaping legal systems. The descriptive approach provides a factual basis for comparison and analysis.

4. Classification Strategies

Classification strategies can be helpful when studying comparative justice by providing a framework for organizing and analyzing information. Some common classification strategies include:

• Common Law vs. Civil Law: This distinction is based on the sources of law. Common law systems are based on court decisions (precedents), while civil law systems are based on written codes.
• Adversarial vs. Inquisitorial: This distinction is based on the role of the judge and the parties in the courtroom. In adversarial systems, the judge is a neutral referee, while in inquisitorial systems, the judge plays a more active role in investigating the case.
• Monistic vs. Dualistic: This distinction is based on the relationship between criminal law and civil law. In monistic systems, criminal law is a subset of civil law, while in dualistic systems, criminal law is a separate body of law.

By using these classification strategies, researchers can identify similarities and differences between legal systems and gain a deeper understanding of the factors that influence their development and operation.  

Sample Answer

     

1. Understanding Our Own Legal System

Studying foreign legal systems can provide valuable insights into our own. By comparing and contrasting different approaches to law and justice, we can identify strengths, weaknesses, and areas for improvement in our own system. This can help us to better understand the underlying principles and assumptions that shape our legal system and to consider alternative approaches.