2008Unpublished venueRequires access

Chapter 7. Foreign And Comparative Law

Michael J. Hoffman, Rumsey

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Abstract

Foreign or national law is essentially the domestic or internal law of any country. Comparative law is not itself a system of law or a body of rules, but rather a method or approach to legal inquiry. The sources of law can vary from country to country. In civil law systems, statutes and codes are primary law, and court decisions are secondary. When researching the law of another country, it is important to start with a relevant research guide, bibliography, or some other tool for determining the sources that are available for a particular country. One of the most important texts to locate when doing foreign and comparative research is a country's constitution. Secondary legislation, regulations, and administrative decisions are often sought after. These sources may be even more elusive than statutory law and case law. Comparative law books and materials present information in a couple of different ways.Keywords: case law; civil law systems; comparative law; foreign law

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Foreign or national law is essentially the domestic or internal law of any country. Comparative law is not itself a system of law or a body of rules, but rather a method or approach to legal inquiry. The sources of law can vary from country to country. In civil law systems, statutes and codes are primary law, and court decisions are secondary. When researching the law of another country, it is important to start with a relevant research guide, bibliography, or some other tool for determining the sources that are available for a particular country. One of the most important texts to locate when doing foreign and comparative research is a country's constitution. Secondary legislation, regulations, and administrative decisions are often sought after. These sources may be even more elusive than statutory law and case law. Comparative law books and materials present information in a couple of different ways.Keywords: case law; civil law systems; comparative law; foreign law

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Available abstract

Foreign or national law is essentially the domestic or internal law of any country. Comparative law is not itself a system of law or a body of rules, but rather a method or approach to legal inquiry. The sources of law can vary from country to country. In civil law systems, statutes and codes are primary law, and court decisions are secondary. When researching the law of another country, it is important to start with a relevant research guide, bibliography, or some other tool for determining the sources that are available for a particular country. One of the most important texts to locate when doing foreign and comparative research is a country's constitution. Secondary legislation, regulations, and administrative decisions are often sought after. These sources may be even more elusive than statutory law and case law. Comparative law books and materials present information in a couple of different ways.Keywords: case law; civil law systems; comparative law; foreign law

Key concepts: Comparative law, Law, Civil law (Civil law), Statutory law, Public law, Municipal law, Private law, Political science

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