Book contents
- Frontmatter
- Contents
- List of Figures
- List of Tables
- List of Contributors
- Foreword
- Preface
- Introduction
- Part I International Criminology
- Part II Law, Punishment, and Crime Control Philosophies of the World
- 9 Legal Traditions
- 10 Punishment Philosophies and Practices around the World
- 11 Crossnational Measures of Punitiveness
- 12 Prisons around the World
- 13 Crime Prevention in an International Context
- Part III Transnational Crime
- Part IV Organized Crime and Terrorism
- Part V International crime
- Part VI Delivering International Justice
- Part VII International Cooperation and Criminal Justice
- Part VIII International Research and Crime Statistics
- Part IX International research resources
- World Map
- Index
- References
9 - Legal Traditions
Published online by Cambridge University Press: 05 October 2014
- Frontmatter
- Contents
- List of Figures
- List of Tables
- List of Contributors
- Foreword
- Preface
- Introduction
- Part I International Criminology
- Part II Law, Punishment, and Crime Control Philosophies of the World
- 9 Legal Traditions
- 10 Punishment Philosophies and Practices around the World
- 11 Crossnational Measures of Punitiveness
- 12 Prisons around the World
- 13 Crime Prevention in an International Context
- Part III Transnational Crime
- Part IV Organized Crime and Terrorism
- Part V International crime
- Part VI Delivering International Justice
- Part VII International Cooperation and Criminal Justice
- Part VIII International Research and Crime Statistics
- Part IX International research resources
- World Map
- Index
- References
Summary
LEGAL SYSTEMS AND LEGAL TRADITIONS
A basic distinction is made in comparative law between legal systems and legal traditions. A legal system consists of the set of legal institutions, procedures, and rules that govern the operation of the criminal justice system. A legal tradition is a set of deeply rooted, historically conditioned attitudes about the nature and role of law, about the organization and operation of a legal system, and about how the law is or should be made, applied, studied, perfected, and taught (Merryman, 1985). The criteria that are generally used when classifying which legal tradition a legal system belongs to are its sources of law, the historical background and development of the system, its characteristic mode of thought, and its distinctive institutions, such as the roles of judges and lawyers.
The most common legal traditions are the common law legal tradition, the civil law legal tradition, the Islamic legal tradition, and the indigenous legal tradition. One major legal tradition that is not dealt in this chapter is the socialist legal tradition, which is based on the civil law legal tradition but is politicized law that recognizes the dominance of the Communist Party. It was at one time widespread, primarily in Eastern Europe and the USSR. Today, its influence can be seen for example in aspects of law in China, Cuba, Vietnam, and North Korea.
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- Chapter
- Information
- International Crime and Justice , pp. 67 - 74Publisher: Cambridge University PressPrint publication year: 2010
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