Roles of Comparative Law to Legal Interpretation and Application

In today’s world, there are only two major legal traditions. Most countries implement either common law or civil law. Common law originates in England during the Middle Ages and adopted by British colonies across the world. Generally, common law is not codified but rather relies on precedent. Therefore most judicial decisions have already been made in similar cases and eliminates the need for comprehensive and continuously updated legal codes. Civil law is a concept that originally emerges from Europe, fundamentally based upon Roman law. The idea of unifying all law into one system is quite an old one. There have been significant development in the Western world. Specifically, the Code of Justinian sets forth the groundwork for the single largest legal reform of the modern age, the Napoleonic Code. The process of codifying a body of laws is to summarize and systemize them, so that the laws become more clear. Normally, civil law tends to stray away from definitive laws and relies on general principles that may be interpreted by the judge. It heavily depends on the judges to interpret each case and apply the necessary laws accordingly. A principal component of civil law is the codification. The earliest example of codification can be traced back to ancient Babylon with the creation of the Code of Hammurabi.

To be sure, modern laws are made to express the general will, a will that aims at the common good. This means that laws in most cases intend to protect every social member’s rights under the principle of justice and fairness. For telling examples one need to look no further than American judicial system. The access to the two courts systems, one federal court and one state court, provides citizens with the greatest potential to have their legal problems

and community; but law does not see any difference. Therefore, law is centered purely on law

The aim of good interpretation is simple: to get at the plain meaning of the text. The aim of good interpretation is "not" uniqueness; One is trying to discover what no one else has found. The attempt to out clever everyone else.

BMGT 380 Exam One Statutory Interpretation 1. Plain Meaning Rule: Courts are supposed to apply and interpret statutes (法令) according to their usual or ordinary meanings. 2. Legislative History (when 1 conflicts with 2，consider 2 first): if legislative history suggests a different outcome than plain meaning rule, the court then will mostly likely do what the legislative history suggests.

The social constructs of law relate it to be something of complexity, where one’s rights and protections are imagined to be difficult to find. The law is an historic and modern aspect of the world, ensuring uniformity. It is important for the law to become not only a creator, but also a product of its environment. For society to accept the law and for its effectiveness, it must be made in ways reflect societal values.

In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.

In comparing the difference between legislative, also known as statute law, to common law or case law, I felt that each serve an equally important role within our judicial system. The statutes are set by a legislative body, consequently, case law is determined by the judges that hear the cases (Hall, 2015). A statute is a basic definition of an act that is deemed to be unacceptable by society with a defined punishment for acts committed violating it. The adjudication of the offense could yield a different outcome as prescribed by the statute, in turn setting a precedent for future cases of the same offense.

The official version of the law is the basis on which the law prides itself to be. It claims to be neutral, having no prejudice against race, sex, gender, or any other distinguishing characteristics. The law compares itself to a blindfolded woman as historically women who have been seen as virgins who are pure, uninfluenced, and have no biases. The official version of the law is bound by one rule and that is everyone is subjected to the law and will be treated equally under it. Stare Decisis, a well known term to legal scholars is used define how judges are bound by precedent which means they must treat all cases the same and thus leading to the basis of the official version which is predictable, unbiased law. My focus in this paper is to

3. These meanings are handled in, and modified through, an interpretative process used by the person in dealing with the things he/she encounters (Blumer 1969). (OpenStax 2015)

Meanings are handled in and modified through, an interpretative process (1972, p.401). Everyone sees a symbol and takes it to their own degree of meaning, not everyone interprets a meaning the same way.

The literal rule of statutory interpretation should be the first rule applied by judges. Under the literal rule, the words of the statute are given their natural or ordinary meaning. They don’t interpret meaning.

The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one.

Nowadays every legal system wants to achieve justice. Different legal traditions in the world have given a different meaning of this concept by following one of the two legal systems: a civil law system and a common law system. The civil law system emerged from Roman law and throughout many centuries has been developed in continental Europe and often is called a “continental legal system”, achieving its prominence through development of aqui communitare in Europe. The common law system emerged in England during the Anglo-Saxon period and was developed by British colonies, reaching its peak in the United Kingdom and the United States of America.

And so it helps the Government in formulating suitable laws. In pursue its economic and social policies for e.g. law and legal propositions are not find or absolute. They are in the state of becoming. Accepted norms or principles whether statutory or as principle of justice, equity and good conscience are applied again and again to test its voracity or