Handbook on Legal Cultures: A Selection of the World's Legal Cultures

Preface
Contents
Contributors
Legal Cultures: Combining Diversity and Structure
1 The Aim of This Book
2 The Legal Cultural Model as the Analytical Framework of This Book
3 The Legal Cultural Model in Action
4 An Expanding Legal Cultural Universe
References
Legal Culture: Ideas of and Expectations to Law Made Operational by Institutional(-Like) Practices
1 Legal Culture: An Outline
2 Legal Culture from a Legal Appliance and a Legal Analysis Perspective
3 Defining Legal Culture
4 Legal Culture and Legal Change
5 Legal Culture and Communication
6 The Legal Cultural Model
7 Applying the Legal Cultural Model
References
An Introduction to Australian Legal Culture
1 Introduction
2 Historical Background and Overview of the Australian Legal Culture
2.1 Legal System and Culture During the Colonial Period
2.2 Federation
2.3 Australian Territories
2.3.1 Internal Territories
2.3.2 Australian External Territories
3 Dispute Resolution
3.1 The Courts
3.1.1 Introduction
3.1.2 State and Territory Court Systems
3.1.3 The Commonwealth Judicial System
3.2 Alternative Dispute Resolution (ADR)
3.2.1 Alternative Dispute Resolution in the Courts
3.2.2 ADR in Statute
4 Norm Production
4.1 The Constitution
4.2 Judicial Decisions and Precedent
4.3 Statutes
4.4 Codes
4.5 Legal Writing and Other Minor Forms of Norm Production
4.6 Indigenous Law Norms
5 Ideal of Justice and Legal Method
5.1 Rule of Law and Separation of Powers
5.2 Equity
5.3 Good Faith
5.4 Rights
5.5 Judicial Interpretivism and Judicial Activism
6 Professionalisation
6.1 Barrister and Solicitor
6.2 Requirement for Admission as a Legal Practitioner
6.3 Study of Law
7 Nationalisation and Internationalisation
7.1 Nationalisation and Legal Harmonisation
7.2 Internationalisation
References
An Introduction to Austrian Legal Culture
1 Introduction
2 Conflict Resolution
2.1 Historical Background
2.2 Basic Structure of the Austrian Court System
2.2.1 Ordinary Court System
2.2.2 Administrative Adjudication
2.2.3 Constitutional Review
2.2.4 Interrelations of the Highest Courts
3 Norm Production
3.1 General Characteristics
3.2 Legislative Process and Democracy
3.3 Other Sources of Law
4 The Prevailing Ideal of Justice
4.1 General Remarks
4.2 The Role of the Courts
4.3 Balancing Legal Predictability and Individual Justice
5 Legal Method
5.1 Legal Interpretation
5.2 Legal Sources
5.3 Legal Principles and Further Elements of Legal Reasoning by the Courts
6 Professionalisation
6.1 The Academic System of Legal Education
6.2 Legal Professions and Professional Training
7 Internationalisation
7.1 General Remarks
7.2 The Implementation of International Law
7.3 The Role of the European Convention on Human Rights
7.4 The Overwhelming Importance of EU Law
7.5 Foreign Legal Sources and Comparative Law in the Austrian Legal System
8 Conclusion
References
An Introduction to Belgian Legal Culture
1 Introduction
1.1 About Belgium
1.2 A Historical Perspective on the Belgian Legal Culture
1.3 The Relativity of a ``Belgian Legal Culture´´
2 Conflict Resolution in Belgium
2.1 Introduction
2.2 The Constitutional Court
2.3 Ordinary Courts
2.4 Administrative Courts
2.5 Mediation, Arbitration, and Extrajudicial Conflict Resolution
3 Norm Production
4 Ideal of Justice
5 Legal Method
6 Professionalization
7 Internationalization
References
An Introduction to the Legal Cultures of Bosnia and Herzegovina, Croatia, and Serbia (Western Balkan)
1 Introduction
1.1 General Overview
1.2 Historical Context
1.3 Regional Legal Culture of Bosnia, Croatia, and Serbia
2 Conflict Resolution
2.1 Ordinary Conflict Resolution
2.1.1 Court Structure
2.1.1.1 First and Second Instance Courts
2.1.1.2 The Supreme Courts of BCS and the Court of Bosnia and Herzegovina
2.1.2 Constitutional Courts
2.1.2.1 Hybrid Courts in Bosnia and Herzegovina
2.1.2.2 The Problem of Case Backlog in Bosnia, Croatia, and Serbia
2.2 Alternative Dispute Resolution
3 Norm Production
4 Legal Method
4.1 Legal Formalism as a Form of Legal Reasoning
4.2 Sources of Law
4.2.1 Constitution
4.2.2 Legislation
4.2.3 Case Law
4.2.4 Other Sources of Law
5 Ideal of Justice
6 Internationalization
6.1 Status of the European Convention on Human Rights
7 Professionalization
7.1 Legal Education in Bosnia, Croatia, and Serbia
7.2 The Legal Profession in Bosnia, Croatia, and Serbia
8 Conclusion
Blogs
Legal Practice
European Court of Human Rights
Legislation and Other Legal Acts
Expert Opinions and Documents
International Conventions
Web Pages
References
Journals and Articles
Books and Chapters
An Introduction to Chinese Legal Culture
1 An Overview of China: Culture, History, Landscape, Politics and Economy
2 The Court System of China
3 Sources of Law and Their Application
4 Legal Method and Ideal of Justice
5 Legal Education and the Legal Profession
6 Conclusion
References
An Introduction to Colombian Legal Culture
1 Introduction
1.1 Country Context
1.2 A Brief Historical Overview
1.3 Law and Distribution
2 Conflict Resolution
2.1 Ordinary Conflict Resolution
2.2 Miscellaneous Transitional Justice Mechanisms of Conflict Resolution
3 Norm Production
3.1 General Aspects
3.2 Norm Production by Congress and the Executive Branch of Government
3.2.1 Types of Laws Produced by Congress
3.2.2 Norm Production in a Strong Presidential System
3.3 Norm Production by the Constitutional Court
4 Ideal of Justice
4.1 Overview
4.2 Direct Justice
4.3 Structural Justice
5 Legal Method
5.1 Precedence of Written Laws Over Jurisprudence
5.2 Supremacy of Constitutional Norms
5.3 Primary and Secondary Legal Sources
5.4 Criteria for Legal Interpretation
5.4.1 The Civil Code
5.4.2 Law 153 of 1887
6 Degree and Attitude Toward Professionalization
7 Internationalization
7.1 Multilateralism and Jurisdiction to International Courts
7.2 Articulation of International and Domestic Laws
8 Conclusion
References
An Introduction to Dutch Legal Culture
1 Introduction
1.1 A General Overview
1.2 The Birth of the Netherlands
2 Conflict Resolution
2.1 A Consensus-Oriented System
2.2 The Birth of a `Corporatist Lawyocracy´ in the Dutch Legal Culture
2.3 Judicial Conflict Resolution
2.4 The Dutch Court System
2.5 The Absence of Constitutional Review
2.6 Constitutional Review Sui Generis
2.7 The Council of State
3 Norm Production
3.1 The Dutch Legislation Fabric
3.2 The Charter of the Kingdom, the Dutch Basic Law and Beleid
3.3 Courts, Administration and Legal Scholars as Norm Producers
4 Ideal of Justice
4.1 Pragmatism, and Equality in a Rule-Breaking Culture
4.2 Constitutional Ideals of Justice
5 Legal Method
6 Professionalisation
7 Internationalisation
7.1 The Attitude Towards Internationalisation
7.2 The Impact of Internationalisation
7.3 EU-isation
7.4 Human Rights
8 Concluding Remarks
References
A Legal Cultural ``Take´´ on the Legal System of England and Wales
1 Introduction
2 Conflict Resolution
2.1 Introduction
2.2 The Centralisation of the Courts
2.3 The County Court
2.4 The Family Court
2.5 The Criminal Courts: Magistrates´ Court and Crown Court
2.6 The Mixed Jurisdiction of the High Court
2.7 The Court of Appeal
2.8 The Supreme Court
3 Production of Legal Norms and Legal Method
3.1 Introduction
3.2 The Common Law
3.3 Statute: Acts of Parliament
3.4 Statutory Instruments: Delegated Legislation
4 International and European law
4.1 Introduction
4.2 ECHR and Human Rights Acts 1998
4.3 EU Law and the Consequences of Brexit
5 Ideal(s) of Justice: The Rise of Equity
6 Professionalisation
7 Conclusions
References
An Introduction to Estonian Legal Culture
1 Introduction
2 Conflict Resolution
3 Norm Production
4 Ideal of Justice
5 Legal Method
6 Professionalisation
7 Internationalisation
8 Conclusion
References
An Introduction to Ethiopian Legal Culture
1 Introduction to Ethiopia and Its Legal Tradition
1.1 General Introduction
1.2 Development of the Legal Tradition
2 Conflict Resolution
2.1 Ordinary Courts
2.2 Jurisdiction of Courts
2.3 Settlement of Constitutional Disputes
2.4 Other Dispute Settlement Mechanisms
3 Norm Production
3.1 Introduction
3.2 Legislation
3.2.1 The Constitution
3.2.2 Proclamations
3.2.3 Codes
3.2.4 Delegated Laws: Regulations and Directives
3.3 Courts and the House of Federation as Sources of Norms
4 Ideals of Justice
5 Legal Method
5.1 Legal Sources
5.2 Rules of Interpretation
5.3 Legal Method in Scholarship
6 Professionalization
6.1 Legal Education
6.2 Judicial and Prosecutorial Training
6.3 Legal Profession
7 Internationalization
7.1 International Exposure
7.2 Ratification of Conventions
8 Conclusion
References
An Introduction to EU Legal Culture
1 EU´s Legal Culture: Introductory Remarks
1.1 EU´s History in a Nutshell
1.2 EU´s Legal Culture´s Place in This Volume
1.2.1 A Suitable Object for Comparison?
1.2.2 A Distinct Legal Culture?
2 Conflict Resolution: The Court of Justice of the EU
2.1 Court of Justice
2.2 General Court
2.3 Specialised Courts, Appeal Boards, and the Court of Auditors
3 Norm Production: The Acquis Communautaire and Its Sources
3.1 EU Primary Law and Secondary Law
3.1.1 Primary EU Law
3.1.2 Secondary EU Law
3.1.2.1 Principle of Conferred Powers
3.1.2.2 Legislative Process
3.1.2.3 Forms of EU Secondary Law
3.1.2.4 National Legislation Implementing EU Law
3.2 Administration as a Norm Producer?
3.3 The Court of Justice of the EU and Member States´ Courts as Norm Producers?
3.3.1 Court of Justice
3.3.2 General Court
3.3.3 Courts of Member States
3.4 Legal Scholarship
4 Ideal of Justice: From Economic Freedoms to the Charter of Fundamental Rights
5 Legal Method: Autonomy and Diversity
5.1 Legal Sources
5.2 An Autonomous Legal Method
5.3 Interpretation
5.4 Style of Court Rulings
6 Professionalisation: A Domaine Réservé of Member States
6.1 Legal Education
6.2 Legal Profession
7 Internationalisation: EU Law´s ``Openness´´ and Its ``Counter-Limits´´
7.1 EU´s International Legal Origins and Its ``Openness´´
7.2 Autonomy of EU Law and ``Counter-Limits´´ to EU´s ``Openness´´
7.3 The EU and International Human Rights Law
7.4 The CJEU and Other International Courts and Tribunals
8 Concluding Reflections
References
An Introduction to Finnish Legal Culture
1 Introduction
2 Conflict Resolution in Finland
2.1 The Court Structure and Court Reform in Finland
2.2 Court Procedure in Finland
2.3 Caseload
3 Norm Production
3.1 Norm Production Through Legislation
3.2 Courts as Producers of Norms
3.3 Legal Doctrine as a Producer of Norms
4 Ideal of Justice
4.1 Legalism and Predictability
4.2 Equity in the Shadow of Legalism
5 Legal Method
5.1 Sources of Law and Bases of Legal Arguments
5.1.1 Legislation and Statutory Law
5.1.2 Preparatory Works
5.1.3 Case Law
5.1.4 Decisions of Public Organisations
5.1.5 Legal Doctrine and Legal Principles
5.2 The Methods of Law: From Legalism and Deduction
5.3 To Weighing, Balancing and Harmonising
6 Professionalisation
6.1 Legal Education and Legal Publishing
6.2 The Legal Profession
7 Internationalisation
7.1 Law, Language and Legal Culture
7.2 Europeanisation: Limited Impact or Transformation of Finnish Law?
8 Conclusion
References
An Introduction to French Legal Culture
1 Introduction: La France
2 Main Characteristics of the French Legal Culture
3 Conflict Resolution
3.1 The French Court System
3.2 Historical Development
3.3 Conflicts of Jurisdiction Between Judicial and Administrative Courts
3.4 Procedures in the Judicial, Administrative Courts and the Conseil Constitutionnel
3.5 Alternative Conflict Resolution
3.6 Recruitment, Independence, and Promotion in the Two Court Hierarchies
3.7 Some Other Characteristics of the Two Court Systems
4 Norm Production-Uncontested Sources of Law and Case Law
4.1 Norm Production from the Parliament and the Executive
4.2 Codification à la Française
4.3 Treaties and the EU Law
4.4 Custom (Coutume)
4.5 Case Law (Jurisprudence) and the General Principles of Law (Principes généraux du droit)
5 Legal Method
5.1 Hierarchy of Legal Sources
5.2 Statutory Interpretation
5.3 Preparatory Works (Travaux préparatoires)
5.4 The Role of Equity (Équité)
5.5 Factors Giving Weight to Precedents
5.6 Legal Writing (Doctrine)
5.7 Soft Law (Droit souple/droit mou)
5.8 Practice of Governmental Agencies
6 Reflections on the French Ideal of Justice
7 Professionalisation
7.1 Legal Education
7.2 Lawyers and Judges
8 Reflections on Internationalisation
References
An Introduction to German Legal Culture
1 The Framework of Germany´s Legal Culture
1.1 Defining the German Legal Culture
1.2 Historical, Geographical and Political Preconditions
2 Conflict Resolution
2.1 Introduction
2.2 Ordinary Courts
2.3 The Question of Jurisdiction and Legal Unity
2.4 The Role of Constitutional Courts
2.5 Conclusion
3 Norm Production
3.1 Legislation
3.2 Courts and Administration as Norm Producers?
3.3 Legal Scholarship (Rechtswissenschaft)
4 Ideal of Justice
5 Legal Method
5.1 The Constitution Determines Core Elements of Legal Method
5.2 Legal Method and Legal Scholarship
5.3 Legal Sources and Other Legal Argument Bases
5.4 Interpretation
5.5 Style of Court Rulings
6 Professionalisation
7 Internationalisation
8 Some Concluding Reflections
References
An Introduction to Hungarian Legal Culture
1 Introduction
2 Conflict Resolution
2.1 Courts
2.2 Alternative Dispute Resolution (ADR)
3 Norm Production
3.1 Legislation
3.2 Court Rulings
4 Ideal of Justice
5 Legal Method
6 Professionalisation
7 Internationalisation
8 Conclusion
Other Sources
References
An Introduction to Italian Legal Culture
1 Introduction
2 Is There One Italian Legal Culture?
2.1 The Italian Context
2.2 A Glimpse of Italian Legal History
2.3 Assessing Italian Legal Culture Over Time
2.3.1 Italian Legal Culture Before 1861
2.3.2 Italian Legal Culture After 1861
3 Norm Production
3.1 Introduction
3.2 Laws, Decrees, and Customs
3.2.1 The Doctrine of Sources in Action
3.2.2 Constitutional Laws, Ordinary Laws, and Decrees with Legislative Status
3.2.3 Regional and Provincial Laws
3.2.4 The ``Strange´´ Case of Decrees
3.2.5 Customs
3.2.6 Conclusions
3.3 Types of Laws: Codes
3.4 The Role of Courts
3.4.1 The Constitutional Court
3.4.1.1 Overview
3.4.1.2 The Constitutional Court´s Style
3.4.1.3 The Entwining Circle: Constitutional Court Court of Cassation and Other Courts
3.4.1.4 The Constitutional Court´s Modes of Operation in Light of Its Functions
3.4.1.5 Conclusions
3.4.2 The Court of Cassation
3.4.2.1 Overview
3.4.2.2 The Court of Cassation´s Style
3.4.2.3 The Entwining Circle: Court of Cassation Constitutional Court and Other Courts
3.4.2.4 The Court of Cassation´s Modes of Operation in Light of Its Function
3.4.2.5 Conclusions
3.5 Conclusions
4 Conflict Resolution
4.1 Introduction
4.2 Conflict Resolution and Its Principles
4.3 The Constitutional Court
4.4 Courts of Ordinary Jurisdiction
4.4.1 Overview
4.4.2 The Conflict-Resolving Role of the Court of Cassation
4.4.3 Specialized Units
4.4.4 Lay Judges
4.5 Courts of Special Jurisdiction
4.5.1 Overview
4.5.2 The Council of State, the Court of Accounts, and the Court of Cassation
4.6 Ecclesiastical Courts Established by the Catholic Church
4.7 Alternative Dispute Resolution (ADR)
4.8 Conclusions
5 The Ideal of Justice
6 Professionalization
6.1 Introduction
6.2 Education and Qualifications
6.3 Conclusions
7 Internationalization
7.1 Introduction
7.2 Internationalizing Norm Production
7.3 Internationalizing Conflict Resolution
7.3.1 Foreign Law
7.3.2 EU Law
7.3.3 ECHR Law
7.3.4 International Law
7.4 Conclusions
8 Legal Method
8.1 Introduction
8.2 Institutional Elements Affecting the Legal Method
8.2.1 Norm Production
8.2.2 Conflict Resolution
8.3 Intellectual Elements Affecting the Legal Method
8.3.1 Professionalization
8.3.2 Internationalization
8.3.3 Ideal of Justice
8.4 Conclusions
9 General Conclusions
References
An Introduction to Mexican Legal Culture
1 Introduction
1.1 General Overview
1.2 The Problem of Defining ``Mexican´´ Culture
1.3 Historical, Political, and Geographical Preconditions
2 Norm Production
2.1 Constitutional Framework
2.2 Legislation
2.3 Regulations
2.4 Jurisprudencia
2.5 Custom and Equity
3 Conflict Resolution
3.1 Introduction
3.2 The Constitutional Order
3.3 The Federal System
3.4 The Local Systems
4 Ideal of Justice
5 Legal Method
5.1 Deduction as the General Legal Method
5.2 The Expansion of the Legal Method and the Pro Homine Principle
5.3 Justice and the Social Character of the Mexican Legal Culture
6 Professionalization
7 Internationalization
8 Concluding Reflections
References
An Introduction to Norwegian Legal Culture
1 Introduction
2 Conflict Resolution
2.1 Ordinary Conflict Resolution
2.2 Elements of Specialised Conflict Resolution
2.3 Quasi-Judicial Conflict Resolution Mechanisms
2.4 Perspectives
3 Norm Production
3.1 Introduction
3.2 Norm Production by the Parliament and the Executive Branch of Government
3.3 Norm Production by the Supreme Court
3.4 Other Kinds of Norm Production
4 Ideal of Justice
4.1 Introduction
4.2 Predictability as the Main Ideal of Justice
4.3 Fairness as a Supplementing Ideal of Justice
4.4 Perspectives
5 Legal Method
5.1 Introduction
5.2 Norwegian Legal Realism and the Legal Theory of Torstein Eckhoff
5.3 The Criticism of Norwegian Legal Realism
5.4 Perspectives
6 Professionalisation
6.1 Introduction
6.2 The Generalist Approach to Law
6.3 Perspectives
7 Internationalisation
7.1 Introduction
7.2 A Soft Dualism
7.3 Perspectives
8 Conclusion
References
An Introduction to Polish Legal Culture
1 Introduction
1.1 A Changing Legal Culture
1.2 The Geographic, Economic and Social Framework
2 Conflict Resolution
2.1 Introduction
2.2 Alternative Dispute Resolution (ADR)
2.3 Judicial Conflict Resolution
2.3.1 Ordinary Courts
2.3.2 The Supreme Court
2.3.3 The Constitutional Tribunal
2.3.4 Administrative Courts
3 Norm Production
3.1 Introduction
3.2 Judges as Norm Producers or Controllers and Interpreters?
4 Ideal of Justice
5 Legal Method
6 Professionalisation
7 Internationalisation
7.1 Dualistic or Monistic Approach?
7.2 Poland and the EU
7.3 Principles of International Law and International Customary Law
7.4 Impact of Globalisation
7.5 Mobilisation of Comparative Law
8 Conclusions
Appendix (Tables 1, 2, 3, 4, 5, 6, 7 and 8)
References
An Introduction to Scottish Legal Culture
1 Introduction
2 Scotland
3 Conflict Resolution
3.1 Iudices, Sheriff Courts, Justiciars´ Courts and Parliament
3.2 The Conciliar Session and the College of Justice
3.3 The High Court of Justiciary and the Office of Lord Advocate
3.4 The House of Lords
3.5 The Heritable Jurisdictions and the Reform of the Sheriff Courts, 1747
3.6 Nineteenth Century Reforms of the Scottish Court System
3.7 The Scotland Act 1998
3.8 The Constitutional Reform Act 2005 and the UKSC
3.9 The Courts Reform (Scotland) Act 2014
3.10 Other Courts
4 Norm Production
4.1 Statutes
4.2 Case Law and Precedent
4.3 Institutional Writings
4.4 Equity
4.5 Custom
5 Ideal of Justice
5.1 A Difficult Legal Question: Sharp v Thomson (1997)
5.2 Apparent Justice and Legal Certainty
5.3 Burnett´s Trustee v Grainger: Sharp Restricted
5.4 Conclusions from Sharp and Burnett
5.5 Principles of Interpretation More Generally
5.6 Conclusion
6 Legal Method
7 Professionalisation
7.1 The LLB Degree and Entry to the Profession
7.2 Solicitors and Advocates
7.3 The Universities
8 Internationalisation
8.1 The Influence of Comparative Law
8.2 EU Law
8.3 The Role of the ECHR
9 Conclusion
References
An Introduction to Spanish Legal Culture
1 Introduction
1.1 Some Facts About Spain
1.2 Historical Background
2 Conflict Resolution
2.1 Historical Developments
2.2 Principles of Judicial Organisation
2.3 Territorial Competence
2.4 Degree of Specialisation
2.5 Constitutional Jurisdiction
2.6 Alternative Methods of Conflict Resolution
3 Norm Production
3.1 Recognised Sources of Law: Primacy of Legislation
3.2 The Constitution and the `Constitutional Block´
3.3 Norm Production by Legislation
3.4 The Distribution of Powers Between the State and the Autonomous Communities
4 Ideal of Justice
5 Legal Methods
6 Degree and Attitude Towards Internationalisation
6.1 Introduction
6.2 Dualism, Monism or a Hybrid Form of Internationalisation
6.3 Specific Considerations Related to the `Europeisation´ Effects in the Spanish Legal Culture
6.3.1 Incorporation and Application of EU Law in Spain
6.3.2 Effects of the Decisions of the EU Court of Justice in the Spanish Proceedings
6.3.3 Effects of the European Court of Human Rights in Spain
6.4 Concluding Reflections on the Internationalisation of Spanish Justice
7 Professionalisation
7.1 Legal Education
7.1.1 Bachelor´s Degree
7.1.2 Master´s Degree
7.2 Legal Careers and Their Functions in the Spanish Legal Culture
8 Conclusion
References
An Introduction to Swedish Legal Culture
1 A Moderated Point of Departure
2 The Singing Historical Hypothesis
3 Conflict Resolution
3.1 Litigation: Last Resort in Private Law While Dominant in Administrative Law
3.2 Self-Regulation and Settlements of Private Law Disputes
3.3 General Courts Also Serving as Special Courts
3.4 Available Administrative Courts or Still Administrative Courts?
3.5 Late and Decentralised Introduction of Judicial Review
4 Norm Production
4.1 The Many Producers of Various Legal Sources
4.2 Special Legislation with a Preparatory Twist
4.3 Case Law and Legal Science to Assist
5 Ideal of Justice
5.1 The Uppsala School and the Second Call for Scientific Predictability
5.2 The Hägerström Formula of Social Equity
6 Legal Method
6.1 The Girjas Case and the Broad Variety of Sources
6.2 Pro Tanto Loyalty to Black Letter Statutes
6.3 The First Impression of Limited Constitutional and International Impact
6.4 Flexible De Facto Compliance with Constitutional and International Law
6.5 Moderation to Solve Human Conflicts-Not Necessarily Conflicts of Norms
7 Professionalisation
7.1 Popular Elements of Adjudication-Another Matter of Transparency
7.2 General Scientific Education of the Few Judges and Lawyers
8 Internationalisation
8.1 From Nordic Dualism to Expansive European Pluralism
8.2 Political Constitutionalism Merged with Judicial Constitutionalism
8.3 Fighting Internationalisation with International Inspiration
9 Conclusion
References
A View of the Legal Culture of the United States of America
1 Introduction
1.1 Geography and Demographics
1.2 History
1.3 Government Structure
1.4 Separation of Powers
2 Conflict Resolution
2.1 Competence of Courts
2.2 Organization and Hierarchy of Courts
2.2.1 Federal Court System: Organization
2.2.2 State Court Systems: Organization
2.3 Functions and Procedures of Courts at the Various Levels in Both Systems
2.4 The Adversary System
2.5 The Jury System
2.6 Conflict Resolution Outside the Court Systems: Alternative Dispute Resolution
3 Norm Production
3.1 Legislatively Created Norms
3.2 Administratively Created Norms
3.3 Judicially Created Norms
3.4 Relationship Among Legislatively, Administratively, and Judicially Created Norms
4 Ideal of Justice
4.1 A Dialectic: Certainty and Flexibility
4.2 Underlying Values: Due Process and Equal Protection
5 Legal Method
5.1 Hierarchy of Laws
5.2 Application of Statutory Law: Judicial Interpretation
5.3 Application of Common Law: Analogizing and Distinguishing Precedents
6 Professionalization
6.1 Status of Lawyers and Judges
6.2 Legal Education
6.3 Regulation of Admission to the Bar
6.4 Selection and Removal of Judges
7 Internationalization
7.1 The Place of International Law in the Hierarchy of Laws
7.2 The Dualist Framework for Treaties
7.3 The Enforceability of Treaties by U.S. Courts: The Impact of Federalism and Separation of Powers: The Medellín Decision
8 Conclusion
Principal Cases
References
Books, Treatises, and Articles
An Introduction to Ukrainian Legal Culture
1 Opening Observations: Spirit of Freedom, Contrasts and Major Highlights
2 Historical Background and Constitutional Framework
3 Conflict Resolution
4 Norm Production
5 Idea of Justice
6 Legal Method
7 Professionalisation
8 Internationalisation
9 Concluding Observations
References