LEGAL SYSTEMS OF THE WORLD: A POLITICAL, SOCIAL, AND HISTORICAL ENCYCLOPEDIA A Project of ABC-CLIO HERBERT M. KRITZER, General Editor Professor of Political Science and Law University of Wisconsin

EDITORIAL ADVISORY BOARD
Bryant Garth, American Bar Foundation
Kenneth Holland, University of Memphis
C. Neal Tate, University of North Texas
José Juan Toharia, Ciudad Universitaria de Cantoblanco, Madrid

For ABC-CLIO
Todd Hallman

AUDIENCE, SCOPE AND PURPOSE

Legal Systems of the World: A Political, Social, and Historical Encyclopedia will be targeted at a lay audience, from the high school student, through the college undergraduate, to the lay businessperson needing some basic information. Thus, the potential market would include virtually any library other than a law library (although even university law libraries are likely to want to include the work in their collection of reference materials because nonprofessionals commonly seek out this type of reference work in a law library).

Legal Systems of the World will explore current structure and operation of legal and judicial systems around the world, placing those systems into their political, social/cultural, and historical contexts. While a primary focus will be on country-specific legal systems, the Encyclopedia will also cover various supernational legal institutions (e.g., the World Court, the European Court of Justice), important subnational variations (e.g., the 50 state systems in the U.S., and similar variations in other federal systems with dual court structures), major general legal systems (common law, code, Islamic, etc.), core legal concepts (e.g., Natural Law, adjudication), major jurisprudential traditions (legal positivism, legal realism, etc.), and alternative venues for legal processing (e.g., arbitration, neighborhood justice centers, etc.). Countries with closely related legal systems may be grouped together to avoid duplication (e.g., the Czech Republic and Slovakia). In addition, separate entries will be included for central common elements (e.g., juries, legal professions, legal education, judicial review, etc.) with a central focus on explicit comparisons to show variation and diversity. Each entry will include a short bibliography, which might either reflect the author's primary sources or alternative sources to which readers might refer for additional information.

The initial publication will be in the form of a multi-volume work organized alphabetically. After the work is completed, the General Editor working in consultation with staff from ABC-CLIO will explore the options of various forms of alternative publication form, including electronic media (e.g., CDRom), and volumes focused on particularly themes or topics (e.g., European legal systems, international judicial bodies, etc.) which draw on a subset of the entries in the full work.

The work will be approximately 1.25 million words in length, consisting of between 300 and 500 entries. Entry length will vary depending on type, but will range between 2,000 and 5,000 words including bibliography. For national (and subnational) legal systems, each author will be asked to prepare a chart showing the country's judicial system structure; individual authors may choose to include additional graphic material if it aids in presentation.

ENTRY TYPES

The work will consist of a variety of different types of entries. An initial specification of these entry types, along with partial lists of specific entries under each type and the structure for several types, is shown below. A complete list or proposed entries is available for each general category by clicking on the category title.

Country Entries:

These entries will focus on the national system of each country. Most of the entries will be 4,000 words long, with some at 3,000 and some at 5,000. The core of each entry will locate the country geographically, summarize the type of system used, describe the key structural and conceptual elements of the system (e.g., use of juries, lay versus professional judiciaries, etc.), and discuss the relationship of law and courts to the other branches of government. The country entries will be developed with subheadings as follows:

• Country Information: Basic geographic (location), size (population and geographic), and cultural (homogeneous, heterogeneous, etc.) information, plus an identification of the type of legal system (common law, civil law, etc.).
• History: Antecedents and development of both the system of law and the judicial system for implementing law. For example, the English system would start with description of how law was initially local and customary, tracing how it evolved to include the law common to the realm [i.e., Common Law], the slow disappearance of the local/customary element, replaced first by the dominance of the monarchy, and then by Parliamentary supremacy, and finally today, the increasing importance of European law and legal institutions); will include the impact of major political, social, and technological changes on the legal/judicial system.
• Legal Concepts: A discussion of core paradigmatic concepts that shape the system, the perception of the actors within the system, and the perception of the system's constituents.

• Current Structure: A discussion of current structure (including a graphic) and operation, including civil, criminal, administrative (including military) elements; the role of "private" dispute resolution systems, and the role of private and administrative mechanisms to deal with issues such as injury compensation, property transfers, debt collection, etc.
• Specialized Judicial Bodies: This section will describe any important specialized judicial bodies, such as the Truth and Reconciliation Commission in South Africa, and similar human rights-oriented groups in Latin American and Africa.
• Staffing: Recruitment, training, and tenure of key actors (lawyers, judges, etc.)
• Impact: The impact of law and the courts both on private and public affairs. This section would consider the role of law generally in the social and political life of the country.
• Bibliographic Citations.

  
  

Subnational System Entries:

For some countries (U.S., Canada, Australia) with dual court/legal systems where subnational units have substantial control over their systems, relatively short entries (2,500 words) will be included for some or all of the subnational units. For several federal countries (e.g., Switzerland, Brazil), there will be a second entry (4,000-5,000) in addition to the national entry describing the variation among the subnational units.

The entries will include historical development/change of the local system, current structure (including a graphic of the court system structure), staffing, relationship to any national system, and special powers. The subnational unit entries will be developed with subheadings as follows:

• Unit Information: Basic geographic (location), size (population and geographic), and what, if anything, distinguishes this unit from the national whole (i.e., economy, language, ethnicity, etc.).
• Evolution and History: How have this unit's legal and judicial systems evolved over time. What major demarcations or events are notable in this development.
• Current Structure: A discussion of current structure (including a graphic) and operation, including civil, criminal, administrative (including military) elements; the administrative law forums that deal with issues such as social welfare benefits, administrative regulations, property transfers, debt collection, etc.
• Notable Features of Law/Legal System: Are there any specific features of law, legal norms, legal issues, etc., that distinguish this unit from the larger national pattern (e.g., in the U.S., some states with a Spanish heritage employ community property in marriage; in other systems, some units may have particular features to reflect the importance of an indigenous population; etc.).Notable Features of Law/Legal System: Are there any specific features of law, legal norms, legal issues, etc., that distinguish this unit from the larger national pattern (e.g., in the U.S., some states with a Spanish heritage employ community property in marriage; in other systems, some units may have particular features to reflect the importance of an indigenous population; etc.).
• Staffing: Recruitment, tenure, and training of key actors, including the legal profession.
• Relationship to National System: Are there any unique aspects to how does this legal/court system relate to the national legal/court system?
• Bibliographic Citations.

Transnational Systems Entries:

In recent years, there have been a proliferation of international, transnational court systems. Most of these deal with either economic (trade) issues or with human rights issues. Examples include:

• European Court of Justice
• World Court
• European Court of Human Rights
• World Trade Organization

In addition there are some systems that no longer exist that will be included such as the Nuremberg War Crimes Tribunal

The transnational system entries will be approximately 2,500 words in length and will be developed with subheadings as follows:

• Mission: What functions is the system designed to accomplish.
• History: When and by whom was the system established, and how has it evolved and changed since its founding.
• Legal Principles: What is the nature and source of law that the system applies in its decision-making. Whether the adjudicated decisions reached by the system are binding or advisory in nature.
• Membership and Participation: What countries and other institutions belong to, or are otherwise subject to, the system's proceedings. What role is played by nonmembers (e.g., Nongovernmental Organizations, NGOs) in the system.
• Procedure: A sketch of the procedures by which cases are brought and by which the system reaches decisions.
• Staffing: How staff (judges, investigators, etc.) are trained, recruited, and the nature of their tenure.
• Caseload: What is the current caseload of the system and how has it changed over time. Implementation: What processes are used to implement the decisions of the system.
• Impact: How has the system impacted members and others.

Broad System Type Entries:

There are a number of generic system types, both of law and of legal procedure. These entries will provide basic information about each of the types. Country specific entries will cross-reference the relevant types. Examples of system types include:

• Common law system
• Civil law system
• Islamic law
• Inquisitorial system
• Adversary system

The general system type entries will be be approximately 2,000 words in length and will be developed with subheadings as follows:

• History: This will include description of the origination of the system and its antecedents, plus key points of evolution and development.
• Paradigmatic Concepts: What are the core concepts of the system, particularly those concepts that distinguish it from other systems.
• Key Elements: What are the core elements of legal reasoning and analysis (for legal systems) or legal process and procedure (for judicial systems)
• Breadth of Use: In what regions of the world is the system most commonly found. How has it spread or contracted over time.

  
  
  

Alternative System Entries:

A variety of non-state based legal and judicial systems have evolved. These systems tend to operate in parallel to the state-based systems. Examples include:

• Alternative Dispute Resolution
• Mediation
• International Arbitration
• Neighborhood Justice Centers

The alternative system entries will be 2,000-2,500 words in length and will be developed with subheadings as follows:

• What It Is: This will describe what the system is, including who uses it, and where it is used.
• Historical Background: This will include the reason that the system came into being, when that occurred, and how the system has evolved and developed over time.
• Paradigmatic Concepts: What are the key ideas or philosophy guiding the system?
• Institutional Elements: What elements comprise the institution or institutions associated with the system? Who or what controls those institutions. What, if any, connections the institution has to the state.

 

Key Elements:

Legal and judicial systems are made up of many common elements. These entries will concern elements that appear regularly across systems, plus specific variants that are country specific. Examples include:

• Barristers
• Notaries
• Paralegals
• Law firms
• Methods of judicial selection
• Administrative tribunals
• Constitutional review

The key element entries will be 2,000 words in length and will be developed with subheadings as follows:

• What It Is: This will describe what the element is, including where it is found and to what institutions it connects.
• Historical Background: This will include how the element developed system came into being, when that occurred, and how the element has evolved and developed over time.
• Major Variants: This will describe key variations in the element across systems and/or countries.
• Significance: The impact of the element, politically, legally, and institutionally.

Jurisprudence:

There are a number of philosophic approaches to law. These entries will describe these various "jurisprudential" traditions. Examples include:

• Natural Law
• Legal Positivism
• Legal Realism
• Marxist jurisprudence
• Feminist jurisprudence
• Law and economics

The jurisprudence entries will be 2,000 words in length and will be developed with subheadings as follows:

• What It Is: This will describe, in two to three sentences, the central view of law that is the focus of the jurisprudential view.
• Historical Background: This will discuss the historical bases of the approach to jurisprudence, including when it first came to be recognized.
• Evolution: How the tradition has changed and evolved over time. What newer traditions, if any, it spawned.
• Major Figures: Who are the major contributors to the writing in this tradition, and what makes each stand out.
• Impact: What impact the tradition has had on actual legal systems and legal actors.

Key Concepts:

• equity
• private law
• tort law
• administrative law
• civil procedure
• capital punishment
• limited jurisdiction

Last Modified: May 22, 2001