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Why do we classify the law?
• Z&K "as to arrange the mass of legal systems into a comprehensive order"
What is taxonomy?
•Taxonomy is the study of classification.
•why do we classify?
•what is the best way to classify?
•what are the criticisms of classifying in a certain way?
Henry Levy Ullman (1923)
•classified based on sources of law:
1) continental countries which were based on a civil law system,
2) English language countries which were based on a common law system,
3) Islamic countries who were based on their religious beliefs
George Sauser-Hall (1913)
•classified based on race:
1) Hindu,
2) Celtic,
3) Anglo-Saxon,
4) Hebraic,
5) Egyptian,
6) Germanic and
7)Graeco-Latin
Zweigart and Kots (1969)
•classified based on five principles:
1) history, 2) model of thought, 3) distinctive institutions, 4) legal sources, 5) ideology.
From this they got 7 families:
1) Romanistic legal family, 2) Germanic, 3) Anglo-Saxon, 4) Nordic (Scandinavian), 5) far-eastern, 6) Islamic and 7) Hindu.
Issues concerning classification:
•bias - everyone wants to believe their system is special.
•temporary - legal systems change all the time.
•continuing - this is a new field and new classifications are argued all the time.
• obsolete - rise of the European Union, legal distinctions are "increasingly outmoded".
• civil vs common law - these distinctions are reasonably new
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