Tipologiile juridice între pragmatism și ciocnirea civilizaţiilor
The relationship between Constitutional Court and doctrine
Author(s): Monica-Florentina PopaSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: legal system; legal tradition; clash of civilizations; common law; sharia law; legal taxonomy; the economic analysis of law;
Summary/Abstract: Relegated somewhat to a secondary place in the doctrinal preoccupations of the comparative law in recent years, the legal taxonomies are still very much a useful working tool and not just purely theoretical constructions that serve pedagogical purposes. As it will be outlined in this article, the legal taxonomies are not reserved for jurists only, but are being employed frequently and successfully by the economists and even making it to the “Doing Business” Reports of the World Bank. This article purports to present some of the immediate practical applications of the legal taxonomies, by selecting those classifications that we deem as having the highest practical value for decoding the recent events occurring in the legal field in Europe, with specific references to the increased presence of sharia law in Britain and the massive influx of migrants that started arriving into the European Union since last year. In this context, we debate the probability of a “clash of civilizations” which might arise between the European legal orders and other legal traditions, in particular the islamic law. We hope that this article could sparkle a renewed interest in one of the most interesting and enduring function of the comparative law, namely the classification of the legal systems and its practical applications.
Journal: Revista de Drept Public
- Issue Year: 2016
- Issue No: 01
- Page Range: 58-67
- Page Count: 10
- Language: Romanian
- Content File-PDF