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Global legal realism as commonsense - Assignment Example

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Most of the comparative literature and law focus on the legal systems of the Western countries, despite the global legal realism that has become more pronounced in the 21st century (Makarychev & Morozov 2013, pp. 328-350). Indeed, a controversy exists as to whether it is…
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Global legal realism as commonsense
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Download file to see previous pages rd, it is worth noting that the Western legal system largely emanated from the canon and Roman Laws, some of which are inconsistent with the global legal realism of the contemporary world. Besides, the Western academic legal culture addresses the theory of morals from a positivist, state-oriented, unempirical, secular, and Universalist approach. Evidently, Western legal education, culture, and systems are too liberal to form the core of comparative literature and law (Bermann, Glenn, Scheppele, Shalakany, Snyder, & Zoller 2011, pp. 935-968). This paper takes a critical view of comparative law and literature as it relates to the Western legal systems and the comparative impact of Western legal systems on legal realism from a global perspective.
Comparative law entails the study of the similarities and differences of legal systems belonging to different countries. In essence, comparative study deals with the laws of various countries as well as the legal systems that exist in the world, including regional and international legal systems. Some of the legal systems under comparative law include the Jewish Law, Hindu law, Common Law, Chinese law, Civil law, Islamic Law, and Socialist Law (Bermann, Glenn, Scheppele, Shalakany, Snyder, & Zoller 2011, pp. 935-968). On the other hand, comparative literature entails the study of the differences and similarities of global literatures, how such literatures relate to one another. It essentially means that comparative law and literature ought to derive equal sense from all the components that it studies. Since international law and literature is dynamic, political, and economic forces tend to determine which ones to be given more credence (Ingram 2014, pp. 237-267).
Unlike the previous centuries when comparative law and literature involved the comparison of all legal systems and literatures of the world without favouring the dominance of one system or the other (Zumbansen 2011, pp. 427-433). However, times have changed and the ...Download file to see next pagesRead More
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