Lecture N 3

Basics of Law

World Legal Orders

  • Presented by Prof. Niko Tatulashvili

Legal System Factors

  • Doctrinal-philosophical: Involves legal theories and philosophies that underpin law.

  • Normative: Concerns the legal norms that are functioning actively in society.

  • Institutional: Pertains to the structure and organs of the legal system.

  • Sociological: Addresses legal relations and legal practices within society.

Legal Families

  • Romano-Germanic: A major legal family emphasizing codified laws.

  • Anglo-American: Common law system focusing on case law and judicial precedents.

  • Socialist: Legal systems based on Marxist ideologies.

  • Religious: Laws based on religious principles.

  • Traditional: Local customs and practices influencing legal frameworks.

  • Hybrid: A mix of different legal traditions.

Romano-Germanic Legal System

  • Initially perceived as “written common sense”; however, it was not considered law.

  • Has a systemic-hierarchical structure where legal norms are organized.

  • Sources of Law:

    • Legislation from the legislative branch.

    • Norms from the executive branch.

    • Customary law.

  • Codes play a vital role in legal codification.

  • The law is divided into Public and Private, reflecting different societal interests.

Anglo-American Legal System

  • Key Characteristics:

    • Does not traditionally differentiate between public/private or procedural/material law.

    • Emphasizes judicial proceedings where courts both apply and create laws.

    • Sources of Law: Customs, statutes, and precedents.

  • The law comprises:

    • Legal norms.

    • Precedential norms.

  • The Law of Equity emerged in the 14th century in England to address flaws in common law.

  • The judiciary is independent, reinforcing the rule of law.

Comparison: Romano-Germanic vs. Anglo-American

  • Increasing convergence between the two systems:

    • Enhanced independence of judges.

    • Greater emphasis on scientific doctrines in legal reasoning.

Socialist Legal System

  • Founded on Marxist-Leninist ideology: central government and planning regulations.

  • Characterized by sharing of public property and nationalization of enterprises.

  • Law serves as a tool for state policy and often disregards division of power among government branches.

  • Establishes Public Justice through ideological courts.

  • Criminal Law: Procedural norms are streamlined and the rights of suspects are limited.

Religious/Traditional Legal System

  • Muslim Legal System: based on Sharia, integral to Islamic tradition.

  • Sharia governs both personal and state laws, indicating that the state is subordinate to religion.

  • The Quran is the primary source of Sharia law.