Professor Colon

FTC

Comparative Criminal Justice Systems / 6th edition

Chapter 4:

Legal Traditions

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

4.1

4.2

4.3

4.4

4.5

Distinguish between legal traditions and legal systems

List the four contemporary legal traditions and summarize the developmental subtraditions of each

Compare the four legal traditions in terms of cultural components

Compare the four legal traditions in terms of substantive components

Compare the four legal traditions in terms of procedural components

CHAPTER OBJECTIVES

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

Distinguish between legal traditions and legal systems

Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes

4.1

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

Legal Systems and Traditions4.1

LegalSystemLegal

SystemLegal

TraditionLegal

Tradition

Refers to a country’s legal institutions, procedures, and rules

Refers to deeply rooted and historically conditioned attitudes about things such as the nature of law, the role of law in society, how a legal system should be organized and operated, and the way law is or should be made, applied, or perfected.

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

List the four contemporary legal traditions and summarize the developmental subtraditions of each

Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes

4.2

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

The Four Contemporary Legal Traditions4.2

CommonTraditionCommonTradition

CivilTradition

CivilTradition

IslamicTraditionIslamic

TraditionEastern Asia

TraditionEastern Asia

Tradition

Each legal tradition was influenced by specific subtraditions that wereInstrumental in the tradition’s development

Each legal tradition was influenced by specific subtraditions that wereInstrumental in the tradition’s development

• Feudal practices• Custom• Equity

• Roman law• Canon law• Codification

• Qur’an and Sunna

• Ijma and qiyas• Schools of law

• Confucianism• Collectivism and

context• Legal

informalism

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

Compare the four legal traditions in terms of cultural components

Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes

4.3

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

Comparing Legal Traditions: Cultural Component4.3

• The role of culture is indispensable to understanding a country’s legal tradition

• Considered here are cultural perceptions of law as private or public, and on the role of the judiciary

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

Compare the four legal traditions in terms of substantive components

Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes

4.4

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

Comparing Legal Traditions: Substantive Component4.4

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

Compare the four legal traditions in terms of procedural components

Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes

4.5

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

Comparing Legal Traditions: Procedural Component4.5