Comparative law in a global development context

Mickey D.

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Comparative law in a global development context

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Comparative law, global development context, health care, legal realism

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Abstract

Globalization and the changes in different countries to ensure that the different laws formulated meet the policies and laws of other countries have been among of the issues witnessed in the present society. There are changes in the technology, systems, health care, education and all the departments whereby countries are looking to come together and charter a path where different countries can formulate policies that help each other. This has been on the rise in the 21st century with different countries and states looking to develop different aspects of the Union between different countries with the European Union being a perfect example. Comparative law has however also been more acknowledged and used across different nations in the world. This is due to the formation of different agreements between countries that have come together to pursue a similar objective and are looking to change their laws and include some of the legal systems and platforms that are similar to other countries. This therefore raises the question of global legal realism and how feasible it is to the different nations and also to the future of law and its different aspects.

Legal realism is defined as a concept that aims to straighten out the different errors that were made in the past
However, this has not always been the case since in the 19th century the law was seen as a distinct and more rigid function that could not be changed or be interpreted in a another manner
It has therefore come as no surprise to many lawmakers, law students and people that practice the law that legal realism is one of the most popular phenomena that has been in use in the current century
Examination of comparative law and how it can be used by the country and also in coordinating with a different country can also be conducted on the basis of legal realism
Comparative law is defined as the study of the similarities and differences between the laws of different countries and their legal systems
Comparative law is mainly implemented in the Western states and countries in the world as they are more coordinated and can essentially ensure that the different policies and regulations that are set in the law are followed
Comparative law has therefore raised a lot of criticisms and challenges since the different structures and legal systems are not conformed towards a singular system
The legal culture is an important part of the measuring the different methods and attributes that need to be assessed before the laws can be adopted in different systems and structures in another country
The paper has assessed the different assertions and critics that are leveled against legal realism in the society and the different functions that they have in ensuring that the laws implemented are within the construct important to the country
Comparative law has been highlighted to be difficult to implement and ensure that it has been adopted by the different countries across the divide
The legal culture and basis is also important in comparative law since it is the main factor that relates to the different laws and structures that are implemented within a given country
Legal culture is therefore pertinent in the different decisions made by different people in the country and should be critically analyzed.

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[...] The Western countries also believe in the law institutions and therefore follow the different rules and charters that they sign in a given system (Palmer, 2005). This ensures that the different concepts that are formulated within the law are clearly identified and structured. Different law schools ensure that the different students study more than the local laws since they believe that the laws in the state are properly followed but they also teach laws from other countries to ensure that the students are well-versed with the different laws that are available for the practice. [...]

[...] It is therefore a significant part of the different aspects of the law and how well the law can be adjudicated and transformed in a given country or a specific nation. It has therefore been seen as a construct that is used to correct past mistakes in law and in most cases it is said to control the use of law from the past through changing the main aspects of the field (Palmer, 2005). It has been adjudged to be only a philosophical movement that mainly offered critical analysis that was destructive and negative in nature to the different theories in law. [...]

[...] Comparative law nay e deemed to be a failed venture due to the problems that it faces due to the different cultures that the different countries have. It is however important to note that different countries look to conduct business and interact with other countries and therefore comparative law becomes an essential part of the said framework (Kozyris, 1995). Comparative law may not be feasible if assessed from the point that it is deemed to change the legal structures and legal basis of the other country. [...]

[...] Comparative law has been highlighted to be difficult to implement and ensure that it has been adopted by the different countries across the divide. This makes it a huge task to take up the cause and look to change the different laws of the land in order to incorporate other laws (Legrand, 1996). This can be changed however when looking at the business policies and the different frameworks that are important in ensuring that the country is a natural hub for different people from other parts of the world. [...]

[...] The legal culture in this case refers to the legal systems and also practices that are conducted in different countries (Acar, 2006). The legal structures may involve the court process, the different sanctions and other different aspects of law that are applied in a specific country. The legal systems are said to be the main impediment in the adoption of the different laws that are in the different systems adopted in the two countries. It is therefore a major part of the overall process but acts as major construct that restricts the adoption of the different processes important in the laws. [...]

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