Anglo-American Legal Tradition



Anglo-American Legal Tradition

Introduction

The legal map of the world includes many national legal systems, each of which integrates all the legal validity of a particular state that includes the doctrine, structure, sources, and the industry's leading institutions, traditions, justice, rule of law, legal culture, etc. The category legal family is used to describe a group of legal systems that have similar legal attributes. The similarity is the result of concrete historical and logical development. It deserves the support of the approach of Western comparatives who deny the typology of legal systems is unique because of their classical nature. In various classifications, they use a variety of factors, ranging from ethical, racial, geographic, religious, and finishing techniques and style of legal rights. Hence, the number of classifications regarding common law in many countries has immense value. Therefore, all the issues related to Anglo-American legal tradition will be discussed in detail.

Discussion

The most popular was the legal classification of the family, developed by French scientist known as R.Davidom. It is based on a combination of two criteria: the ideology, including religion, philosophy, economic and social structures, and legal machinery, which includes as a major component of the sources of law. R.David trichotomy proposed the idea, the selection of three families (or systems): Roman and Germanic, Anglo-Saxon or Anglo-American and Socialism. These join the rest of the legal world, covering four fifths of the planet, which was called the religious and traditional systems. In another classification based on the concept of "Western law", and then there is the dualism: the right as a product of Western liberal society based on individualism, traditions of Christianity, free enterprise and the pursuit of legal stability, designed to preserve the fundamental values ??and socialist law as extremely unstable transient, determined by the socialist economic, political and cultural conditions, in particular the dominance of state ownership and planning (Langbein, Lerner & Smith, 2009).

The structure of the western Roman law stand-German and Anglo-Saxon system was developed by following the basic principles of Common Law. This idea was put forward as R.Davidom in 1950 in the book "Elementary Course of Comparative Civil Law." He subsequently withdrew from this position and began to adhere to the concept of trichotomy. The authors known as K.Tsveygertom and G.Kottsem wrote a book that had a title "Introduction to the legal comparison in private law", published in 1971, based on the classification of legal systems on the criteria of legal style. Legal style develops, on the origin and evolution of the legal system. It also depends on the nature of legal sources and methods of their interpretation, ideological factors. On this basis, the following are different legal circles that include Roman, Germanic, Scandinavian, Anglo-American, socialist, Islamic law, and Hindu law. In essence, the result is the same as that of the R.Davida. In all cases, it is not considered a Marxist-Leninist typology of law, which is based on the criterion of socio-economic structure. The author ...