Comparative Law

reading for every class ( legal text in Englidh +/- 10 pages)

aspects of comparative law:

Macro and micro level operation of law. Law affects the whole world. How each governments deal withtreats, institutions for business cross borders; micro what kind of law operates in a country common law, civil law, Islamic legal code. Main idea common and civil law.

Getting a better understandingtrought companing.

Equality before the law. Equality for all people – discrimination. The law is the same for everyone. ( example: school for blacks)

Legal world is not preparing to economicreality:

Business Deal: different politics. But who's right? There are huge complications because economic world means different law systems.
How to get tax benefits? Advantages that lawyers findand it is not fair, but world is like that unfair.


1st cours: The rule of law

What maks the system really work. Western idea of law x south America and other system that don't agree. Likeuniversal rifhts, fundamental rights that apply humanity. Example: China and Google. Is that injustice? The right of speech, torture issues. There is not a right right... each culture build itself.The solution : mediation? Each country knows what the best process for your people. How to approach modernisation. Example: family organization in China is not enough anymore. Are the becomingwesterner?

Same problem: modernization > congruence of solutions which not means that they are losing identity, there are just harmonization, make some similar choices.

3 principes of the rule ofright:

Relationship between political and legal system – government and judges. What they want see in their countries? A powerful rule of law can bring more justice.
Separation of law and politicsdon't should go together. We want independence between the powers. Bush son – 2000 ( weak separation, sad day, court decided)
Democracy: The teacher is just trying to explain that we need to have...