Comparative Legal Traditions - Introducing the Common Law to Civil Lawyers in Asia
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Margaret Fordham
As our focus turns from purely domestic law to regional and global issues, there is an increasing need to explain and, where possible, reconcile, the world’s two major systems of law – the common law and civil law systems. Both play a crucial role in the legal infrastructure of Asia, and their sometimes uneasy relationship is one of the many challenges to overcome if we are to establish connections and forge understanding between the various legal traditions in this continent.
This article focuses on the particular challenges involved in introducing the common law to Asian lawyers from civilian jurisdictions. It considers the difficulties which lawyers who are accustomed to a codified system of law experience when faced with the notionally more fluid and less structured system adopted in common law countries. It also, however, considers the underlying similarities between common law and civil law systems, and examines the characteristics which the two systems share – characteristics which ultimately suggest that the innate differences have more to do with process than with philosophy.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Artikel in diesem Heft
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- Developing Active Learning of Skills in Professional Legal Education in Hong Kong -- From Theory to Ethnography
- Designing a Legal Skills Curriculum For an Asian Law School: Lessons in Adaptation
- The Importance of Understanding and Teaching Islamic Law in Asia
- Possible Reform for Legal Education in Taiwan: A Refined "J.D. System"?
- Legal Education Reform in Indonesia
- Legal Education in Asia
- The Dangers of the United Nations' "New Security Agenda": "Human Security" in the Asia-Pacific Region
- Comparative Legal Traditions - Introducing the Common Law to Civil Lawyers in Asia
- Let a Hundred Flowers Bloom: Digital Speech in Malaysia
- The Right to Collective Bargaining in Malaysia in the Context of ILO Standards
- An Analysis of China's System of Protecting Geographical Indications
- The Next Stage of Reforms: Korean Corporate Governance in the Post-Asian Financial Crisis Era
- Institutions of International Law and the Development of Regional Forum for Peaceful Dialogue in South Asia
- Cross-Border Gambling and Betting Services Under WTO Disciplines
- Foreword
- Book Review
- Review of Reforming Corporate Governance in Southeast Asia: Economics, Politics, and Regulations
- Review of Islamic Banking & Finance in South-East Asia: Its Development and Future
Artikel in diesem Heft
- Article
- Towards A Comparative Rhetoric of Argument: Using the Concept of "Audience" as a Means of Educating Students about Comparative Argument
- Developing Active Learning of Skills in Professional Legal Education in Hong Kong -- From Theory to Ethnography
- Designing a Legal Skills Curriculum For an Asian Law School: Lessons in Adaptation
- The Importance of Understanding and Teaching Islamic Law in Asia
- Possible Reform for Legal Education in Taiwan: A Refined "J.D. System"?
- Legal Education Reform in Indonesia
- Legal Education in Asia
- The Dangers of the United Nations' "New Security Agenda": "Human Security" in the Asia-Pacific Region
- Comparative Legal Traditions - Introducing the Common Law to Civil Lawyers in Asia
- Let a Hundred Flowers Bloom: Digital Speech in Malaysia
- The Right to Collective Bargaining in Malaysia in the Context of ILO Standards
- An Analysis of China's System of Protecting Geographical Indications
- The Next Stage of Reforms: Korean Corporate Governance in the Post-Asian Financial Crisis Era
- Institutions of International Law and the Development of Regional Forum for Peaceful Dialogue in South Asia
- Cross-Border Gambling and Betting Services Under WTO Disciplines
- Foreword
- Book Review
- Review of Reforming Corporate Governance in Southeast Asia: Economics, Politics, and Regulations
- Review of Islamic Banking & Finance in South-East Asia: Its Development and Future
