Articles de revues : « Comparative History of Law »

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Gross, Ariela J. « Race, Law, and Comparative History ». Law and History Review 29, n^o 2 (mai 2011) : 549–65. http://dx.doi.org/10.1017/s0738248011000083.

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What are we comparing when we compare law and race across cultures? This was once an easier question to answer. If we take “races” to be real categories existing in the world, then we can compare “race relations” and “racial classifications” in different legal systems, and measure the impact of different legal systems on the salience of racial distinction and the level of racial hierarchy in a given society. That was the approach of the leading comparativist scholars at mid-century. Frank Tannenbaum and Carl Degler compared race relations in the United States and Latin America, drawing heavily on legal sources regarding racial definition, manumission of slaves, and marriage. They were studying relations between “white people” and “Negroes,” as well as the possibility of an intermediate class of “mulattoes.” But once we understand race itself to be produced by relations of domination, through several powerful discourses of which law is one, we are up against a more formidable challenge. We must compare the interaction of two things—legal processes and ideologies of race—in systems in which neither is likely to have a stable or equivalent meaning. Because “law” is likewise no longer as clear-cut a category as it once was; in addition to the formal law of statute books and common law appellate opinions, we now understand “law” to encompass a broad set of institutions, discourses, and processes produced by a larger cast of characters than solely jurists, legislators, and appellate judges.

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Duve, Thomas. « Legal traditions : A dialogue between comparative law and comparative legal history ». Comparative Legal History 6, n^o 1 (2 janvier 2018) : 15–33. http://dx.doi.org/10.1080/2049677x.2018.1469271.

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Foster, Nicholas H. D. « The Journal of Comparative Law ». Rechtsgeschichte - Legal History 2005, n^o 07 (2005) : 230–31. http://dx.doi.org/10.12946/rg07/230-231.

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Yazici Caglar, Zeynep. « Comparative Legal History – But How ? » Rechtsgeschichte - Legal History 2019, n^o 27 (2019) : 241–43. http://dx.doi.org/10.12946/rg27/241-243.

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Rausch, Franklin. « Law and Custom in Korea : Comparative Legal History ». Sungkyun Journal of East Asian Studies 14, n^o 2 (octobre 2014) : 286–90. http://dx.doi.org/10.21866/esjeas.2014.14.2.009.

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Hellwege, Phillip. « A Comparative History of Insurance Law in Europe ». American Journal of Legal History 56, n^o 1 (mars 2016) : 66–75. http://dx.doi.org/10.1093/ajlh/njv010.

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Dubber, Markus D. « The Comparative History and Theory of Corporate Criminal Liability ». New Criminal Law Review 16, n^o 2 (2013) : 203–40. http://dx.doi.org/10.1525/nclr.2013.16.2.203.

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An exercise in comparative legal history and legal theory, this article challenges the radical distinction that traditionally has been drawn between corporate criminal liability in German and Anglo-American law. In the familiar account, corporate criminal liability in the common law and the civil law passed each other like ships in the night, sometime around the turn of the nineteenth century: the common law had no corporate criminal liability before 1800, and the civil law had no corporate criminal liability after 1800. Closer inspection, however, reveals that corporate criminal liability was widely accepted in both common law and civil law countries at least since the Middle Ages, and that rejection of corporate criminal liability was complete neither in England before 1800 nor in Germany after 1800.

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Helmholz, RH. « The law of waste and the law of dilapidations : A comparative history ». Comparative Legal History 9, n^o 2 (3 juillet 2021) : 154–76. http://dx.doi.org/10.1080/2049677x.2021.1997375.

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Gałędek, Michał. « Remarks on the Methodology of Comparative Legal Research in the Context of the History of Law in Poland ». Acta Universitatis Lodziensis. Folia Iuridica 99 (30 juin 2022) : 65–81. http://dx.doi.org/10.18778/0208-6069.99.05.

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Is there anything outstanding about the history of law in Poland? Is it particularly conducive to comparative research? In my attempt to answer these questions, I focussed on presenting two distinct comparative law methods: historical legal comparison and comparative legal history. The paper is divided into two parts. The first part elaborates on the characteristics of the respective methods and on the challenges of comparative legal history in a temporally diachronic perspective and why they are not so pronounced in historical legal comparison. In this part, I tried to document the claim that the existence of a comparative platform of similarities is a condition to obtain more reliable and better-documented results of comparative research. In the second part, I focussed on three cases visualising the possibilities for comparative legal research on the history of law in Poland. Regarding the pre-partition times, I analysed the comparative possibilities related to an analysis of the impact of the Roman law on the Old Polish legal culture. The other two examples concerned the history of law in post-partition Poland. First, I explored the potential triggered by the adoption of foreign laws in Poland in terms of comparative research. I used French commercial law to exemplify the problem. Then, I undertook to show the dormant potential of the particular situation of Poland divided into different legal areas for the development of the country’s own codes of law.

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Zimmermann, Reinhard. « Gábor Hamza, Comparative Law and Antiquity ». Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Romanistische Abteilung 111, n^o 1 (1 août 1994) : 533–36. http://dx.doi.org/10.7767/zrgra.1994.111.1.533.

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Ibbetson, David. « The Challenges of Comparative Legal History ». Comparative Legal History 1, n^o 1 (15 mai 2013) : 1–11. http://dx.doi.org/10.5235/2049677x.1.1.1.

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Remak, Henry H. H. « Literary history and comparative literary history ». Neohelicon 20, n^o 2 (septembre 1993) : 95–118. http://dx.doi.org/10.1007/bf02538806.

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MacQueen, Hector L. « Legal Nationalism : Lord Cooper, Legal History and Comparative Law ». Edinburgh Law Review 9, n^o 3 (septembre 2005) : 395–406. http://dx.doi.org/10.3366/elr.2005.9.3.395.

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Reimann, Mathias, et Alain Levasseur. « Comparative Law and Legal History in the United States ». American Journal of Comparative Law 46, suppl_1 (1998) : 1–15. http://dx.doi.org/10.1093/ajcl/46.suppl1.1.

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Halpérin, Jean-Louis. « Spatializing Law in a Comparative Perspective of Legal History ». Extrême-Orient, Extrême-Occident, n^o 40 (21 novembre 2016) : 207–18. http://dx.doi.org/10.4000/extremeorient.644.

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Panichkin, Vyacheslav. « Culture, History, and Inheritance Law : a Comparative Legal Analysis ». Bulletin of Kemerovo State University. Series : Humanities and Social Sciences 2023, n^o 1 (27 janvier 2023) : 119–24. http://dx.doi.org/10.21603/2542-1840-2023-7-1-119-124.

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Inheritance is the most conservative sub-branch of civil law. As a result, it reflects the cultural and historical type of the society and is very conservative. In fact, it contains a lot of archaic norms that express out-of-date social relations. However, inheritance law is extremely reluctant to get rid of these legal anachronisms, probably, because their rigorism reflects the national identity of the people. The present research used the civilizational classification of legal systems developed by N. Ya. Danilevsky and applied it to the inheritance law as the most conservative sub-branch of civil law. After comparing Russian and Anglo-American inheritance laws, the author proved that each state adheres to its cultural and historical type by preserving some archaic institutions. These institutions lost their social relevance long ago but survived as a formal reflection of a once-relevant rigorous moral code. Some legal anachronisms persisted for so long that, having outlived their time, they suddenly acquired a new meaning in completely new circumstances.

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Sordi, Bernardo. « Comparative Legal History : uma combinação produtiva ? » Revista Jurídica da UFERSA 6, n^o 11 (janvier 2022) : 1–10. http://dx.doi.org/10.21708/issn2526-9488.v6.n11.p1-10.2022.

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The text intends to discuss the limits and possibilities of Comparative legal history. Although it played an important informative role, the descriptive and na-tionalist legal comparison of the last century finds its limits today. The current Comparative legal history project takes on the new problems of spatial mapping of legal history beyond national histories. The new historical-comparative perspective must, therefore, attenuate the centralist perspective, which dimin-ishes the role of the peripheries and understands their history in terms of the center. Within the frame-work of a European history of public law, the methods are still being refined; cross-reads, improved and syn-chronized. The difficulties of this research project are many, imposed by chronologies, the different weights of political fractures, the question of borders and the difficult legacy of colonialism.Keywords:Comparative legal history; Research methodology in legal history; History of public law; Transnational aspects; European legal experience.*Professor Doutor Catedrático da Università degli Studi di Firenzi, Itália.bernardo.sordi@unifi.it**Doutor em Direito pela Universidade de Brasília. Professor do Programa de Pós-Graduação em Direito da UFERSA.Professor do IDP, Brasília.raphapeixoto@gmail.comRecebido em 14-7-2022|Aprovado em 14-7-202211Artigo convidado. Nota do tradutor:tradução autorizada pelo autor.Resumo e palavras-chaves elaboradaspelo tradutor.A versão original em italiano foi apresentada no Seminário Diritto: storia e comparazione,realizado

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Łuszczyński, Artur. « Comparative Mythology Perspective in Legal History Science ». Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius) 71, n^o 1 (10 mai 2024) : 17–26. http://dx.doi.org/10.17951/g.2024.71.1.17-26.

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The notion of myth is used in legal science very rarely. When it appears, it usually happens in simplified, popular science publications. Basic, “classical” traces of such kind constitute rather linguistic ornaments than scientific explanations. However, in legal science we relatively often deal with statements or phenomena that do not have simple physical or material equivalents. This opens up a mythological perspective, an introduction to the world of duty, obligation, promise. The paper aims at presenting and defining myth in a way that allows one to use it in legal history without diverting its traditional meaning established in religious studies and social anthropology. The author believes that the myth is an inseparable part of the definition of law, certain views of natural law and notions of justice and human rights.

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Enache, George. « A Comparative Analysis of the Law Regulating Religions of 1928 and Decree 177 of the 4th of August 1948 ». Analele Universităţii "Dunărea de Jos" din Galaţi Fascicula XIX Istorie 12 (14 juin 2013) : 107–49. http://dx.doi.org/10.35219/history.2013.06.

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Decree 177 of the 4th of August 1948 was the law that represented the foundation of the legislation which regulated the activity of religions and cults in Romania throughout the communist period. Due to this, Decree 177 is always mentioned in every analysis of the relationship between church and state in communist Romania. Unfortunately, no serious analysis of the text of the decree has been written until now. Many authors simply enumerated the stipulations of the text or focused on irrelevant aspects of the decree. It should be emphasized that the new Romanian legislation regarding religions and cults did not emulate the Soviet legislation, but rather it reinterpreted the older Romanian legislation from the Interwar Period. This can be proven by closely analyzing the text of Decree 177 and comparing it to the text of the 1928 Law which regulated cults and religions. By doing this, we can easily see how the communist authorities reinterpreted the "bourgeois" legislation by seeing the relationship between church and state in a new light, but, at the same time, giving the appearance of continuing the same legislation.

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Aulia, Farihan, et Sholahuddin Al-Fatih. « PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR ». Jurnal Ilmiah Hukum LEGALITY 25, n^o 1 (14 juillet 2018) : 98. http://dx.doi.org/10.22219/jihl.v25i1.5993.

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The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.

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Atrey, Shreya. « Intersectionality and Comparative Antidiscrimination Law ». Brill Research Perspectives in Comparative Discrimination Law 4, n^o 1 (24 juin 2020) : 1–86. http://dx.doi.org/10.1163/24522031-12340008.

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Abstract This volume in the Brill Research Perspectives in Comparative Discrimination Law addresses intersectionality from the lens of comparative antidiscrimination law. The term ‘intersectionality’ was coined by Kimberlé Williams Crenshaw in 1989. As a field, intersectionality has a longer history, of nearly two hundred years. Meanwhile, comparative antidiscrimination law as a field may be just over a few decades old. Thus, intersectionality’s tryst with antidiscrimination law is a fairly recent one. Developed as a critique of antidiscrimination law, intersectionality has had a significant influence on it. Yet, intersectionality’s logic does not seem to have infiltrated the logic of antidiscrimination law completely. Comparative antidiscrimination law continues to develop with intersectionality in sight, but rarely, in step. On the occasion of the 30th anniversary of Crenshaw’s seminal article that coined the term in the context of antidiscrimination law, Shreya Atrey explores this irony. Her article provides a meta-narrative of the development of the two fields with the purpose of showing what appear to be orthogonal trajectories.

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Xia, Zhiyi. « Analyse Comparative / Comparative Perspectives ». International Journal of Procedural Law 13, n^o 1 (4 novembre 2023) : 97–122. http://dx.doi.org/10.1163/30504856-01301006.

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The legislation of civil procedure in China has been deeply influenced by the civil law system represented by Germany. However, China has quite a different attitude towards the application of information technology in civil justice, which is typically reflected in the adoption of remote civil courts. Research from perspectives of history, theory and comparative law can shed light on why China has chosen to proactively embrace judicial technology. Chinese civil justice is still at a very preliminary stage, and it is only able to provide basic-quality judicial justice due to various reasons including: (1) principles of orality and immediacy are not stipulated by legislation; (2) the principle of publicity is characterised with “broadness and arbitrariness”; (3) judicial rituality or formality is not fully valued; (4) courts are facing constant political pressure to provide high-quality judicial services; and (5) courts are facing an overload of cases, a shortage of qualified judges and insufficient public trust. With the adoption of appropriate reforms by drawing on experience of German law and local practice in China, it is expected that Chinese courts will be able to improve the quality of judicial services from a basic to a medium level.

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Agmon, Danna. « Law in Theory, Law in Practice ». Historical Reflections/Réflexions Historiques 45, n^o 1 (1 mars 2019) : 28–49. http://dx.doi.org/10.3167/hrrh.2019.450103.

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Letters written by early modern missionaries played an important role in the development of global intellectual networks and inquiry into religion, language, cartography, and science. But the historical ethnography of law has not recognized the role that Jesuits played in creating the field of comparative law. This article examines the writings on law in India by the French Jesuit Jean-Venant Bouchet, who was an important source for Enlightenment philosophes and later Orientalists. It considers Bouchet’s systemic accounts of Indian law alongside his more ethnographic description of his legal encounters in South India, and argues that the practice of conversion and experiences in local legal fora determined and shaped Bouchet’s interpretation of Indian law. In other words, legal scholarship was produced in spiritual, religious, and political contexts, and cannot be abstracted from them.

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Carlson, Laura. « Comparative Discrimination Law : Historical and Theoretical Frameworks ». Brill Research Perspectives in Comparative Discrimination Law 1, n^o 1 (17 novembre 2017) : 1–136. http://dx.doi.org/10.1163/24522031-12340001.

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AbstractHuman history is marked by group and individual struggles for emancipation, equality and self-expression. This first volume in the Brill Research Perspectives in Comparative Discrimination Law briefly explores some of the history underlying these efforts in the field of discrimination law. A broad discussion of the historical development of issues of discrimination is first set out, looking at certain international, regional and national bases for modern discrimination legal structures. The national frameworks examined are the United States, the United Kingdom and Sweden, focusing on the historical developments in each of the countries with respect to discrimination legislation. Several of the theoretical frameworks invoked in a comparative discrimination law analysis are then addressed, either as institutional frameworks or theories addressing specific protection grounds. These include access to justice, comparative law method, feminist legal theory, critical race theory, post-colonial theory, queer theory and intersectionality.

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Khabrieva, Talia, et Zalina Khamchieva. « The Venice Commission : the 30 Years of History ». Contemporary Europe 103, n^o 3 (30 juin 2021) : 5–16. http://dx.doi.org/10.15211/soveurope320210516.

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The article is dedicated to the results of thirty years activity of the European Commission for Democracy through Law (Venice Commission of the Council of Europe), which is a recognized expert center in the field of constitutional law. Russia has been participating in its work since 2002. The purpose of the article is to show the evolution of the VC expert opinions’ problematics from the general problems of constitutional reforms to the specification of individual institutions, the assessment of electoral systems, the effectiveness of justice, guarantees of civil and political rights of citizens. This comparative analysis contributes to a better understanding of the Commission's current activities. The main stages of the Commissions’ formation are considered. The authors explore the expansion of the geographical sphere of Venice Commission’s influence and the strengthening of its role in the political-legal and scientific-legal fields. The conducted research makes it possible to fill an obvious gap in the domestic science of comparative and constitutional law, since there are only a few special works dedicated to the Venice Commission. The article sets out tasks that can contribute to the shaping of new directions for the development of legal science, taking into account the experience of the Commission and its contribution to the improvement of democratic institutions. The work is intended for scientists specializing in comparative and constitutional law, teachers and students studying the law of the Council of Europe. An optional seminar on the legal positions of the Venice Commission was organized at the Master's program of the Institute of Legislation and Comparative Law under the Government of the Russian Federation.

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Burns, Peter. « Comparative law : the Dutch school ». Asian Studies Association of Australia. Review 11, n^o 1 (juillet 1987) : 100–106. http://dx.doi.org/10.1080/03147538708712487.

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Vassileva, Radosveta. « Shattering Myths : The Curious History of the Bulgarian Law of Obligations ». Studia Iuridica 82 (2 mars 2020) : 309–27. http://dx.doi.org/10.5604/01.3001.0013.9793.

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While Bulgarian scholars concur that Bulgaria’s Law of Obligations and Contracts, which was enacted in 1950 and which is still in force today following cosmetic changes in the early 1990s, is an original Bulgarian legal text, archival and comparative research shows that it is heavily based on the Italian Codice Civile of 1942. Why would a communist country seek inspiration in a country with a Fascist ideology? Exploring the reasons behind this legislative choice as well as the reasons why this ‘dark’ secret was buried for so long challenges traditional taxonomies of comparative law, reveals the peculiar patterns of legal change, including the key role of the legal scholar in the process, and demonstrates the power of comparative law in shattering myths in legal history.

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Melchert, Christopher, et Haim Gerber. « State, Society, and Law in Islam : Ottoman Law in Comparative Perspective. » American Historical Review 101, n^o 4 (octobre 1996) : 1256. http://dx.doi.org/10.2307/2169762.

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Roebuck, Derek. « The Past is Another Country : Legal History as Comparative Law ». Asia Pacific Law Review 3, sup1 (décembre 1994) : 9–23. http://dx.doi.org/10.1080/18758444.1994.11788001.

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Pihlajamäki, Heikki. « Merging Comparative Law and Legal History : Towards an Integrated Discipline ». American Journal of Comparative Law 66, n^o 4 (décembre 2018) : 733–50. http://dx.doi.org/10.1093/ajcl/avy045.

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Wertheimer, John W. « Introduction ». Law and History Review 29, n^o 2 (mai 2011) : 465–69. http://dx.doi.org/10.1017/s0738248011000046.

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In recent years, the conspicuous advance of globalization has inspired many historians to rethink the past in cross-national and comparative terms. Frustration with the limits of traditional, national approaches to history has spawned interesting comparative work in such fields as women's history, labor history, economic history, and imperial history. Although legal history tends to be somewhat parochial by tradition, it, too, has taken a cross-national and comparative turn.

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Fekete, Balázs. « The Revival of Comparative Law in a Socialist Country : The Impact of Imre Szabó and Gyula Eörsi on the Development of Hungarian Comparative Law ». Review of Central and East European Law 38, n^o 1 (2013) : 37–52. http://dx.doi.org/10.1163/092598812x13274154887268.

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This article discusses the revival of comparative law in Hungarian Socialist jurisprudence. Prior to World War II, the development of comparative law generally had followed international trends; however, it was disrupted at both a personal and an institutional level at the end of the 1940s due to the Marxist-Leninist turn of legal thinking that accompanied the introduction of a Communist regime in the country. Nonetheless, this rejection of comparative law was gradually replaced by a more open attitude that strongly supported participation in the international comparative-law movement from the 1960s. Imre Szabó and Gyula Eörsi played a prominent role in this transformation. They legitimized the use of comparative methods in Socialist jurisprudence and, also, created a plausible conceptual framework for Socialist comparative law.

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Gebauer, Martin. « Iurium itinera. Historische Rechtsvergleichung und vergleichende Rechtsgeschichte – Historical Comparative Law and Comparative Legal History. » Rabels Zeitschrift für ausländisches und internationales Privatrecht 88, Online First (2024) : 1. http://dx.doi.org/10.1628/rabelsz-2024-0041.

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Hamza, Gábor. « Sir Henry Sumner Maine et les systemes juridiques traditionnels ». DÍKÉ 7, n^o 2 (28 mai 2024) : 75–86. http://dx.doi.org/10.15170/dike.2023.07.02.05.

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The birth of comparative law in England is strongly linked with the Ancient Law, its Connection with the Early History of Society and its Relation to Modern Ideas, of Sir Henry Sumner Maine published in 1861. Maine is the first in England to be endowed ‘ad personam’ with the Chair of Comparative Law in Oxford in order to teach legal history and comparative (foreign) law. It is undoubtedly the Roman law that stood in the focus of interest of Sir Henry Sumner Maine serving as basis to carry out comparative legal studies. That approach is in particular manifested in Ancient Law as Maine attributes significance to the various institutions of Roman law. The author draws in particular a comparison between Maine and Bachofen as far as their approach relating to the basis of foreign law related research is concerned. The role that Roman law (ius Romanum), i.e. Civil law (ius civile), played in the development of English law during the centuries is also underlined in this paper, and in its last part, the author emphasizes the contemporary significance of Ancient Law and traditional legal systems for the foreign law related research on the basis of the works of Maine.

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Zakharchenko, P. « History of Ukrainian law : conceptual, istoriografìcal and comparative components of its identification ». Herald of criminal justice, n^o 4 (2019) : 138–46. http://dx.doi.org/10.17721/2413-5372.2019.4/138-146.

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The approaches to the category "History of Ukrainian Law" are analyzed, its author definition and periodization in the historical dimension is proposed. Doctrinal approach of the Department of History of Law and State of the law Faculty of Taras Shevchenko National University of Kyiv is defined, which consists in recognition of the right of law before the State Institute. In our opinion, with the advent of the state, history of law appears as a history of national legislation in its relationship and interdependence with the state's regulatory activities – its administrative and judicial institutions, organization and activities of the army, police, and punitive agencies etc. The author indicates that the story is indicative that society can develop steadily in the coordinate of the environment, and the function of the instrument of the Zaman environment executes the right. The porpose of article is reserchirg the history of Ukrainian law: conceptual, istoriografìcal and comparative components of its identification It is alleged that for the first time the definition of "history of Ukrainian Law" is not implemented in Ukraine but beyond its borders. The galaxy of lawyers, and among them and historians of law, after the defeat of the Ukrainian Revolution of 1917 – 1921, were forced to leave the motherland and settle in the neighboring countries of Eastern Europe. A textbook of such name appeared in the conditions of Ukrainian emigration in the early 1920-ies. This primacy belongs to several researchers of the Ukrainian diaspora, who, with no historical, historical, legal sources and archival materials, have remained in the absolute majority in the libraries and archival funds of Soviet Ukraine. However, in these conditions they were able to lay the foundations for the formation of the appropriate field of scientific knowledge. It is noted that the successor of the traditions preserved in the diaspora can be called the Department of the History of law and State of the law Faculty of Taras Shevchenko Kyiv University, whose members for many years advocate not only the name of the educational The subject "History of Ukrainian Law", but also prove its genetic connection with the right of the Rus state, other national state formations of the later period. A few manuals on the history of Ukrainian law came from the pen of the lecturers. Special emphasis was made on the works of Alexander Shevchenko, who became the author of several textbooks and manuals that are still widely used in the educational process of law faculties in Ukraine. In one of them, O. Shevchenko actualized The problem of periodization of Ukrainian law, where the main criterion was determined by the evolution of the sources of law. In these positions is the author of the proposed publication. In the final part of the work emphasized the examples in the differences in the evolution, essence and content of the Ukrainian law from the Russian.

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Antonov, Mikhail. « History of Russian Law and Its Interpretations ». Review of Central and East European Law 45, n^o 1 (13 mars 2020) : 161–80. http://dx.doi.org/10.1163/15730352-04501006.

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This essay examines methodological nuances connected with historical research of Russian law. These nuances are studied against the backdrop of two books published respectively by Professor Ferdinand Feldbrugge and Professor William Pomeranz on Russian legal history. The methods employed by these authors reveal specific features of Russian legal language and mentality which can be helpful in explaining the dissimilarities between legal and political developments in Russia and the West. They place particular emphasis on the development of legal language and productively analyze many current issues of Russian law through the lens of history of concepts. These books are evaluated as important contributions to comparative analysis of Russian and Western legal cultures. The key events of Russian legal history are considered in a perspective that sheds light on the current challenges faced by Russian law.

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Memišević, Ehlimana. « Izučavanje islamskog prava na Pravnom fakultetu u Sarajevu u periodu 2005−2013. godine / The Study of Islamic Law at the Faculty of Law in Sarajevo 2005-2013 ». Context : Journal of Interdisciplinary Studies 1, n^o 1 (22 mars 2022) : 91–111. http://dx.doi.org/10.55425/23036966.2014.1.1.91.

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As one of the world’s major legal systems, Islamic Law is being studied at a number of academic institutions while applying different methodologies as a part of different institutional frameworks. The subject of this research is the study of Islamic Law as a part of the Department of Legal History and Comparative Law, Faculty of Law in Sarajevo, in the period between 2005 and 2013. The research is based on the analysis of the detailed teaching curriculums; textbooks and additional literature used for courses at graduate, postgraduate and doctorate studies. Considering the fact that this topic is being researched as a part of two scientific disciplines: comparative legal history and history of law and state of Bosnia and Herzegovina, the scope of research is sufficient for the profile of staff attending the Faculty of Law.

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Song, Si Seob. « A New Approach to the Deceased’s Occupation -Possibility of Application in Criminal law of Kant's concept of occupation- ». Wonkwang University Legal Research Institute 39, n^o 4 (31 décembre 2023) : 115–36. http://dx.doi.org/10.22397/wlri.2023.39.4.115.

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This paper introduces the domestic discussion of “ownership” or “occupation” of Kant, which is considered to be a meaningful review in the field of criminal law, especially in relation to “occupation” of criminals in each theory of criminal law. I hope that this study will be a meaningful suggestion for reference in re-evaluating the issue of recognition of possession by the deceased or the criteria for judging the commencement of occupation by heirs, which the Supreme Court precedent is concerned about. I think it is also necessary for practical law that philosophy of law, judicial history, or comparative law perspectives continue to be presented in relation to important issues of law. The subject of deceased's possession covered in this paper was also logically unconvincing to say that his possession was terminated because the victim died when he committed murder to steal goods, and to solve this problem, the precedent devised the deceased's survival possession to fill the gap. However, even in this case, the attempt to introduce 'legal philosophy, judicial history, and comparative law' thinking beyond the legal logic level is the way to revive legal philosophy, judicial history, and comparative law.

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Garg, Anuj. « A Comparative Analysis of Contract Law in Common Law and Civil Law Jurisdictions ». Indian Journal of Law 1, n^o 1 (10 novembre 2023) : 61–70. http://dx.doi.org/10.36676/ijl.2023-v1i1-08.

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Contract law's key tasks include the creation, interpretation, and enforcement of agreements between parties. As a result, contract law is seen as an essential component of all types of legal systems. However, due to the distinct historical, cultural, and judicial contexts of common law and civil law states, the development of contract law has taken a different path in each of these jurisdictions. A comparison is made between the core ideas, central concepts, and different approaches that are characteristic of contract law in common law and civil law regimes. the beginnings and development of contract law within the context of both the common law and the civil law legal systems. the development of contractual ideas, shedding light on the various foundations that continue to have an impact on contemporary legal philosophy, and making reference to the legacy left behind by the Roman law tradition and the English common law history. a comparison and contrast of the impact of reasoning based on precedent in common law and codified statutes in civil law is used to illustrate the various techniques that are used to govern the interpretation and adjudication of contracts.

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Лазарева, Наталья, et Natalya Lazareva. « HISTORY OF CRIMINAL LEGISLATION DEVELOPMENT IN SLOVAKIA ». Journal of Foreign Legislation and Comparative Law 1, n^o 5 (2 décembre 2015) : 0. http://dx.doi.org/10.12737/16140.

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The subject of this research is criminal legislation of the Slovak Republic since the merge of Slovakia in the AustroHungarian Empire (XIX century) to the present day. The article analyzes the emergency criminal legislation of the World War II period, the socialist Criminal Codes of the Czechoslovak Republic (1950, 1961) and the existing Criminal Code of the Slovak Republic of 2005. The article also touches upon the country’s constitutional development on the example of the adopted Constitutions of the Czechoslovak Socialist Republic (1948, 1960) and the Constitution of the Slovak Republic (1992). The author pays special attention to the integration of Slovakia into the European legal framework when it became a member of the European Union in 2004. The article also contains comparative analysis of the main institutions of the criminal law in Russia and Slovakia. During the research the author used the following special methods: historical, logical, and comparative law method, which includes a variety of techniques (doctrinal, regulatory, functional comparison). As opposed to the criminal law of other European Union countries, the Slovak criminal law has remained practically unexplored by the Russian criminal law doctrine. But it is very unique because it comprises the combination of Austrian, German and Russian criminal law ideas which is conditioned by historical peculiarities of this state’s development. On the example of Slovakia, the author demonstrates possibility of combining the national legal legacy and directives of the European Union.

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Grzybowski, Marian, et Piotr Mikuli. « Osiem dekad prawa konstytucyjnego porównawczego na Uniwersytecie Jagiellońskim ». Przegląd Konstytucyjny, n^o 3 (2022) (31 octobre 2022) : 7–33. http://dx.doi.org/10.4467/25442031pko.22.019.16384.

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Eight Decades of Comparative Constitutional Law at Jagiellonian University The authors describe the history of comparative constitutional law research conducted at the Jagiellonian University after the Second World War. The authors’ comments also serve as a pretext to describe the research activities of the Chair in Comparative Constitutional Law on its 20th anniversary. In 2021 the chair staff celebrated this anniversary by organising a nationwide seminar, which inspired this special issue of the Przegląd Konstytucyjny.

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Лафитский, Владимир, et Vladimir Lafitskiy. « SCIENCE TRADITIONS OF COMPARATIVE STUDIES IN THE HISTORY OF THE INSTITUTE OF LEGISLATION AND COMPARATIVE LAW ». Journal of Foreign Legislation and Comparative Law 1, n^o 5 (2 décembre 2015) : 0. http://dx.doi.org/10.12737/16117.

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The article is devoted to the sources and development of comparativistic researches of the Institute of Legislation and Comparative Law, which had been initiated in 1930 —1940 in the works of M. N. Gernet, G. S. Gurvitch, A. I. Denisov, I. B. Novitsky, E. A. Fleishiz and which starting from the middle of the XX century have been brilliantly continued in the works of А. А. Tille, A. V. Tumanov, Y. A. Tikhomirov, other comparativists of the Institute. The article reveals the continuity of the comparativistic ideas of the scholars of the Institute of different generations, highlights the doctrinal approaches to elaborating the new and deepening traditional trends of comparative law researches.

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Д. А. Шигаль. « As to the grounds for singling out the historical-law comparative method ». Problems of legality, n^o 123 (2 octobre 2013) : 33–41. http://dx.doi.org/10.21564/2414-990x.123.52522.

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The article deals with the influence of the subject field of science of the state and the law history on its methodology. The conclusions are drawn concerning the integrative character of the historical-law science as well as the necessity of working out the new resources of specific scientific knowledge –historical-law comparative method. The options of important methodological problems solution, connected with more well-defined singling out the subject and the method of the historical, law science and the science of the state and the law history, are concerned.

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Gregory Smith, N. « Analyse Comparative / Comparative Perspectives ». International Journal of Procedural Law 2, n^o 2 (1 novembre 2012) : 297–322. http://dx.doi.org/10.1163/30504856-00202006.

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There are increasing concerns that American judges are insufficiently unbiased, and that the administration of justice is unfair. Concerns about judicial bias have become more pronounced in the aftermath of the United States Supreme Court’s opinion in Caperton v. A.T. Massey Coal Co. In that case, the court concluded that multimillion dollar election expenses that were made by an officer of one of the litigants in the election campaign of a state supreme court justice disqualified that justice from hearing the case. This article briefly considers the history of judicial disqualification in America. It looks at current disqualification standards, including the due process of law standard announced in the Caperton case. It also discusses, and comments upon, various reform proposals that have been offered to deal with problems of judicial bias, or perceived bias, and the disqualification of American judges.

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Saltman, Michael. « Feudal Relationships and the Law : A Comparative Enquiry ». Comparative Studies in Society and History 29, n^o 3 (juillet 1987) : 514–32. http://dx.doi.org/10.1017/s0010417500014705.

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This essay is no more than a preliminary endeavor to examine analogies between principles of land tenure in the recent history of an East African society and what appear to be strikingly similar principles that obtained in the twelfth and thirteenth centuries in England. If these analogies are demonstrable with a reasonable degree of plausibility, a useful framework of reference may be established within which some broader theoretical issues can be discussed. One such issue is that, given a degree of structural similarity between two or more social systems, there might be a corresponding equivalence in the logic of legal thought in response to a common object of litigation—in this particular case, the subject of land tenure.

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Kuznetsov, A. P. « COMPARATIVE JURISPRUDENCE IN THE FIELD OF CRIMINAL LAW ». Vestnik of the Russian University of Cooperation, n^o 3(45) (10 octobre 2021) : 125–29. http://dx.doi.org/10.52623/2227-4383-3-45-24.

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The article examines the role and significance of the method of comparative jurisprudence in criminal law research, notes its object, as well as the specifics of the knowledge obtained as a result of its application. The correlation of the method of comparative jurisprudence in criminal law with other legal branches of law is carried out: with the theory of state and law, the history of law, international criminal law, criminology, penal enforcement law, legal statistics. Their interdependence and conditionality are established, the effectiveness and relevance of the method of comparative law are determined. It is concluded that the method of comparative jurisprudence in criminal law allows us to obtain a generalized scientific product about the main laws of the development of national and foreign criminal law, about the relationships with other branches of law and legal disciplines; to distinguish one branch of knowledge from another; to consider legal categories, institutions and norms in their historical formation and development; to identify new results for the transition from the known to the unknown, using the scientific tools developed by the general theory of law.

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А., Shevchenko, et Kudin S. « Main directions of improving the methodology of comparative history of law in the context of comparative legal science ». Almanac of law : The role of legal doctrine in ensuring of human rights 11, n^o 11 (août 2020) : 74–78. http://dx.doi.org/10.33663/2524-017x-2020-11-13.

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The article examines the main directions of improving the methodology of comparative history of law in the context of comparative legal science. It is proved that the comparative historical approach includes a basic comparative historical method, and taking about the principles of interdisciplinary, it can integrate the methodological capabilities of those tools that are used in other areas of scientific knowledge. It is found that the comparative historical method integrates the existing ways, methods and techniques of comparative knowledge of all forms of reflection of historical and legal reality. It is revealed that the use of a comparative historical approach and method in the area of comparative history of law allows us to learn the general, special and unique in the historical and legal development of diverse manifestations and forms of reflection of historical and legal reality in relation to various "non-legal" phenomena. It is proved that such knowledge is based on the integration of subject knowledge and the plurality of their understanding. It is found that the comparative-historical approach can attract the possibilities of methodological approaches used in the Humanities and social Sciences and adapted to the knowledge of legal reality (anthropological, humanistic, civilization). In the comparative history of law area, they «aim» at the scientific study of historical and legal reality, and the comparative-historical approach integrates the acquired knowledge for the purpose of comparative research of the historical and legal development of its manifestations and forms of reflection. It is established that the comparative-historical approach not only integrates this knowledge, but also "processes" it in the comparative perspective of knowledge. It is proved that it becomes possible to receive and accumulate substantive knowledge about the historical dynamics of human and civil rights and freedoms, the legal status of various sectors of the population in any spatial geographical scope with the variety of their forms reflect, subject to the identification of common and different", "equal and opposite"; it becomes possible to clarify the common and different», «equal and opposite to the historical development of "human right" in different societies. It is proved that the comparative historical approach based on the recognition of the equivalence of the "legal values" of all civilizations and the fact that any civilization can not be considered as an ideal model, searches for and integrates the common and different", "identical and opposite", "common and different", "confrontational-dangerous", "sensational, explosive", that caused in history the non-perception and rejection of the "legal values" of other civilizations. Key words: legal science, comparative history of law, methodology, comparative historical approach, historical-legal reality.

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Fogelson, Yury, et Dmitry Poldnikov. « The Social History of Law as a Factor of the Rule of Law ». osteuropa recht 67, n^o 2 (2021) : 172–201. http://dx.doi.org/10.5771/0030-6444-2021-2-172.

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The rule of law, understood as ideology and legal rules, is believed to be a competitive advantage of Western civilization, supporting its sustainable development. Yet it can also be viewed as a social norm of citizens who respect the law and follow its commands. How does this social norm emerge in different societies? This question must be answered through the social history of the law in Western and non-Western societies from a comparative perspective. This paper outlines the main features of comparative socio-legal history and tests it on some significant historical examples. In the first part of the article, the authors propose a functional classification of legal systems into three ideal Weberian types-the law of judges, learned law, and the law of the authorities. It allows us to consider the origin of the social norm of the rule of law. In the second part of the article, the authors trace the transition from the ideal types to natural legal systems and identify the factors that determine the stability of the social norm of the rule of law where it originated. In the final part of the article, the authors conclude that, first, the social norm of the rule of law emerged in the societies where the law had been treated either as a means of resolving disputes (the law of judges) or as the rules of fair, correct conduct (learned law), for example, the Roman Republic, medieval England, continental Europe, and the Ottoman Empire. Secondly, the stability of the social norm of the rule of law seems to be explained by a "triangle" of factors, namely: 1) political competition where all participants understand the inevitability of compromise on the basis of the law, 2) law which is suitable for finding a compromise due to its internal merits, 3) a professional community of jurists who develop and apply law independently of the administration. Such a triangle is possible in any society where the law of judges or learned law prevails and where the majority of participants in the political process are ready to compromise based on the current law. / JEL Classification: K 10; K 11; K 12

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Poldnikov, Dmitry, et Yuriy Fogelson. « The social history of law as a factor of the rule of law ». Sravnitel noe konstitucionnoe obozrenie 30, n^o 2 (2021) : 59–93. http://dx.doi.org/10.21128/1812-7126-2021-2-59-93.

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The rule of law, understood as ideology and legal rules, is believed to be a competitive advantage of Western civilization, supporting its sustainable development. Yet it can also be viewed as a social norm of citizens who respect the law and follow its commands. How does this social norm emerge in different societies? This question must be answered through the social history of the law in Western and non-Western societies from a comparative perspective. This paper outlines the main features of comparative socio-legal history and tests it on some significant historical examples. In the first part of the article, the authors propose a functional classification of legal systems into three ideal Weberian types–the law of judges, learned law, and the law of the authorities. It allows us to consider the origin of the social norm of the rule of law. In the second part of the article, the authors trace the transition from the ideal types to natural legal systems and identify the factors that determine the stability of the social norm of the rule of law where it originated. In the final part of the article, the authors conclude that, first, the social norm of the rule of law emerged in the societies where the law had been treated either as a means of resolving disputes (the law of judges) or as the rules of fair, correct conduct (learned law), for example, the Roman Republic, medieval England, continental Europe, and the Ottoman Empire. Secondly, the stability of the social norm of the rule of law seems to be explained by a “triangle” of factors, namely: 1) political competition where all participants understand the inevitability of compromise on the basis of the law, 2) law which is suitable for finding a compromise due to its internal merits, 3) a professional community of jurists who develop and apply law independently of the administration. Such a triangle is possible in any society where the law of judges or learned law prevails and where the majority of participants in the political process are ready to compromise based on the current law.

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Dyson, Matthew. « Connecting Tort and Crime : Comparative Legal History in England and Spain since 1850 ». Cambridge Yearbook of European Legal Studies 11 (2009) : 247–88. http://dx.doi.org/10.1017/s1528887000001609.

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Abstract This chapter explores the relationship between tort law and criminal law. In particular it tracks one line of developments in the procedural co-ordination of criminal and civil law: the ability of criminal courts to award compensation for harm. It is a study of legal change or development: how and why law has evolved from the middle of the nineteenth century through to the present day. The chapter is also comparative, looking at the English and Spanish legal systems. The history of powers to compensate has highlighted two fundamentally different ways to resolve claims based on a concurrently tortious and criminal wrong. The English system has slowly moved from disparate and piecemeal provisions to a general if under-theorised system. On the other hand, Spain created a novel and complete system of liability to be administered by the criminal courts. This chapter seeks to trace and explain this development with a view to understanding how much civil and criminal law can perform the same function: compensation.

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