how to write a comparative politics research paper
Modern civil-law systems maintain significant ties to this historical development, and many are even further linked as a result of the spread of the Napoleonic Codes. The article is negligible and the fact i love! Practical examples may include domestic politics, institutions analysis, and diverse conflicts related to domestic or international issues. Within the Confucian tradition, society is structured according to a natural order, in which each person has a designated place (in a manner very similar to the Hindu tradition). By collecting these “common” laws, early judges solidified the prominent role of the judiciary in the common-law system and made judicial decisions a primary source of law. Topics include the independence of the judiciary from other branches of government, the court structure within a state from local courts, through appeals courts, to high courts, and the different types of high courts within a state. Unlike some other religious traditions, in which change to the laws is very difficult to achieve, the Hindu tradition accepts change as a natural part of life. Comparative Politics Essay 1392 Words | 6 Pages. 5StarEssays is the #1 ranked global leader in essay writing. As a result, while the study of comparative law continued as an integral part of the study of law, it lost its role as a key component of the study of political science. Like the customary tradition, the community plays a significant role in the Asian tradition, and the focus is on consensus and mediation, rather than the determinative outcome of an adversarial legal procedure. This communal purpose, however, also can be traced to the minimal role that the judge plays in the civil-law tradition. You may have a great idea for a paper in your head, but if it doesn't perfectly match the prompt, you may not create the product your instructor has asked for. The Corpus Juris Civilis was a comprehensive compilation of Roman law into a single, codified written form. 2nd ed. 100 Political Science Research Topics Political Science Research Topics on Comparative Politics. Similarly, a U.S. scholar considering the effect interest groups have on judicial decisions would greatly expand the potential universe of cases if, rather than engage in a unitary case study of the U.S. Supreme Court, that scholar considers cases from other judicial systems. II. 3rd ed. Like any written work, start your comparative analysis essay outline with a strong introduction. Given the diversity that existed throughout the Indian subcontinent, there could be a significant difference between the laws as applied in the local communities. Recently, however, interest has been renewed in the study of comparative law within the field of political science. The Catholic Church’s power, however, kept the Roman writings on law alive, and scholars such as Augustine and Aquinas even added to these laws, incorporating elements of morality and a communal purpose into the largely secular Roman laws. The civil-law tradition dates to the time of the Roman Empire and the Corpus Jur is Civilis and has three main periods of influence: Roman law, Canon law, and the jus commune. Japan, on the other hand, while sharing the historical influences, has been influenced also by its Shinto tradition and, particularly after World War II, the Western traditions of the civil and common law. Any concept of individual rights is foreign to the Hindu tradition, which focuses instead on maintaining balance and harmony within the community. EssayEmpire.com offers reliable custom essay writing services that can help you to receive high grades and impress your professors with the quality of each essay or research paper you hand in. One distinguishing characteristic of the Hindu tradition, however, is its flexibility in terms of the recognition of new laws. The Hindu legal tradition can be traced as far back as 2500 BC. Codes are designed to be all-encompassing, providing not just a list of legal obligations, rights, punishments, and remedies, but also an overall guide for people on how to conduct their daily lives. This prominence of the judicial branch has led, in many common-law countries, to the creation of judicial review, although the strength of such review varies. The Corpus Juris Civilis was compiled by Emperor Justinian in the sixth century C E . Buffalo, N.Y.: William S. Hein, 1990. The study of comparative law can be traced back to the earliest studies of law and politics. Countries that still maintain elements of customary law include Burma, Burundi, Chad, Ethiopia, Ghana, Kenya, Mali, Nepal, Nigeria, Rwanda, Togo, and Uganda, among many others throughout Africa and Southeast Asia. Kritzer, Herbert M. ed. Predictably, the thesis of such a paper is usually an assertion that A and B are very similar yet not so similar after all. Most of the countries of Africa, Asia, and the Middle East are mixtures of three or more systems including Western-style secular law, religious legal traditions, and customs. Alexis de Tocqueville, John Locke, Henry Sumner Maine, Friedrich Karl Von Savigny, François Geny, and many other great legal and political thinkers have focused on comparative law as a crucial part of understanding how to create the best government, the best state, and the best society. If you need a thorough research paper written according to all the academic standards, you can always turn to our experienced writers for help. On the other hand, in England, the power of judicial review is much weaker. A group of scholars, known as the glossators, began to lecture on Justinian’s codes; more importantly, they began to recodify the law in a manner that made it applicable to Renaissance Europe. “My research builds upon the previous literature written by the Federalism-Skeptical School and further clarifies the arguments against ethno-federalism by elucidating the exact process by which ethno-territorial autonomy produces incentives for ethnic minority elites to exacerbate ethnic tensions by making political appeals which are explicitly based upon a fear of other ethnic groups.” The legal system of India today is no longer purely Hindu law; it is a mixed system incorporating common law, customary law, and Islamic law, but Hindu law does remain a part of the legal system and is dominant in the area of family law. Despite this mixture, however, understanding the primary characteristics that form the origins of the world’s major legal traditions helps us to understand the perceptions and understandings of law that exist in different countries around the world. States with the common-law tradition share a number of specific characteristics. A common strategy to cope with this assignment is to address each subject independently then wrap up at the end. Explain the Hitler regime, specifically the key characteristics that define it as a Fascist political system. With all these skills you are good to go when it comes to writing a comparative essay. In other countries, particularly those in South America, the Napoleonic Codes were used as guidelines for their own legal systems. Comparative law is the study of different laws, legal cultures, and legal systems. These codes were then transplanted to those countries under the French empire. In the eleventh century, the university at Bologna began to revive the study of law. In many Asian countries, even today, seeking resolution in the legal system is considered shameful. Merryman, John Henry. More countries around the world have civil-law systems than any other system. The Hindu legal tradition also has had some influence in a number of other countries in Southeast Asia, including Bangladesh, Nepal, and Pakistan. Widener, Jennifer. Moreover, because law comes from Allah, the role for the judge is minimal, and breaking the law means more than a fine or jail—it is a sin. Society is hierarchical, with the family as the primary unit, followed by the village, then the region, and then the country. In the same way that scholars study the effects of different executive and legislative structures within states, it is possible to study the role different legal systems play in shaping state behavior, both domestically and internationally. The Islamic legal tradition is the primary legal tradition in a number of countries including Afghanistan, Iran, and Saudi Arabia. The binding nature of law in these societies came from the pressure of the group and not wanting to act against the group for fear of shame and banishment. Get discount 10% for the first order. A number of other countries—many members of the British Commonwealth—also have significant elements of the common-law tradition incorporated into their legal systems. Six legal traditions are outlined below, including an overview of the origins and major characteristics of the tradition, as well as a list of states with that legal tradition. Like the sharia in the Islamic legal tradition, dharma is designed to guide all of an individual’s behavior and does not distinguish between religious duties and legal obligations. Other countries, such as Saudi Arabia, which follow the Hanbali school of thought, discourage the use of both ijmas and Qiyas and maintain much more traditional Islamist legal systems. Each of our professional essay writers is a native-English-speaking U.S.-based academic specialist. followers; however, he also resorted to methods of mass terror, through A number of characteristics bind individual Asian states’ legal traditions together into a legal family. Law and Judicial Systems of Nations. The vast major ity of legal systems found in states today are mixed systems—legal systems that have incorporated two or more of these legal families into their current legal structure. Today, countries with common-law systems include England and Wales (Scotland has elements of the common law, but they are mixed with the civil-law tradition), Australia, Canada, New Zealand and the United States. A second source of law is the sunna, which is the record of the words and deeds of Muhammad during his lifetime, which are to be emulated by all Muslims. IV. Explain the Stalin regime, specifically the key characteristics that define it as a Totalitarian political system. Promo code: cd1a428655. This is very different from the common-law system described above. 4th ed. These include the belief that law comes from Allah and, because of these origins, law is unchangeable by man. Glendon, Mary Ann, Michael Wallace Gordon, and Christopher Osakwe. Even the United States, one of the classic examples of the common-law tradition, maintains traces of the civil-law tradition through the Napoleonic Codes that are still part of the laws of the state of Louisiana. 4th ed. If you will write a comparative essay, you need to have an idea of the impacts of different factors to the result that you may get at the end of the writing activity. “Is Comparative Law a Distinct Discipline?” The American Journal of Comparative Law 46 (1998): 607–615. Washington, D.C.:World Jurist Association, 2002. Both the type of question, and its significance, are important factors It is usually a good idea to discuss your ideas for research questions with your research advisor or class instructor. In comparison to evaluation essay examples, a comparative essay is more keen with regards the assessment of two subjects. The Hindu tradition is based on dharma, which is the belief that there exists a universal order inherent in the nature of things. Expository essay writing a time, increase their rates, fighters, and the specialization. Comparative Legal Traditions. The Civil Law Tradition: An Introduction to the Legal Systems of Western Europe and Latin America. The Islamic legal tradition is the most dominant of the religious legal traditions today. Civil-law systems are, therefore, more communal in their focus than common-law systems. Closely related to this more broad-based conception of comparative law as a field of study are the subfields of comparative constitutionalism and comparative judicial institutions. Rather than being viewed as an overarching code of conduct (see the civil-law tradition below), the common-law tradition focuses on practical outcomes to individual problems. Stanford, Calif.: Stanford University Press, 1985. Much of this can be traced back to the influence of the Canon law on the civil-law tradition, an influence that incorporated ideas of morality into the law. New York: Basic Books, 1980. This is the foundation from which the core of the civil-law tradition—written law and codification—originated. This division is necessary in the Hindu tradition to ensure proper balance. The six legal traditions described in this entry are commonly identified as the primary legal families that have developed across the globe. III. These include India, Nigeria, South Africa, and a number of Caribbean islands. This was possible because scholars from all over Europe came to study law at Bologna, and when they left they took the jus commune with them, incorporating it into their own legal systems. If you need a custom essay or research paper on this topic please use our writing services. Plato’s Laws, for example, centers on a stranger’s quest to examine the laws of the different cities of his traveling companions to determine the best legal system. This understanding makes the field of comparative law such a vital and important one. For example, judicial review is very strong in the United States, where the U.S. Constitution gives the Supreme Court the power to review legislative and executive actions for conformance with the Constitution and strike them down if necessary. Keep on reading to expand your knowledge and understand how to write a research paper outline. Back to Helpful States that reflect evidence of the Asian tradition include China, Japan, and South Korea. David, René, and John C. Brierley. This subfield may focus on the issue of rights protected or omitted from a state constitution, as well as the effect of the presence or absence of such rights on the citizens of a state. Comparative constitutionalism considers the elements of state constitutions and a comparative analysis of the effects of these constitutions within the state context. Once established as king of England, William set up a legal system based on a hierarchical system of courts, in which the judges were responsible for rendering decisions in the cases before them and for synthesizing the varied customary laws found throughout the English territory. The primary sources of law in the Hindu legal tradition are the religious texts (the sastras and sustras) and the accepted interpretations of these works by religious scholars (the vedas). Taking some articles about its how to write a comparative politics research paper objectives, or philosophical. Islamic law also focuses on the duties, rather than the rights, of the individual. This study field focuses on empirical approach, including comparative methods. The study of comparative law sheds light on our own legal system and also furthers our understanding of other states and peoples around the globe. The village panchayat was responsible for hearing and deciding legal disputes on the basis of religious laws and existing local custom. Santa Barbara, Calif.: ABC-CLIO, 2002. Gordley, James. The third source of law are the ijma, which are those doctrines and laws on which the majority of Islamic scholars agree. For example, personal property rights are generally not found in customary legal traditions because property was thought to belong to one’s ancestors and descendants as well as oneself. This article provides an insight concerning the factors a student is required to consider in order writing a comparative essay. As with the other legal traditions described herein, however, these general characteristics vary from country to country, depending on the particular historical development and societal characteristics of that country. While comparative law as an examination of legal traditions includes both constitutions and institutions, each of these has become significant in its own right. Montesquieu, Louis de Secondat Baron de. Law and Judicial Systems of Nations. London: Stevens, 1985. Largely this is due to our ability to trace the origins of today’s current legal systems for most countries to one of these traditions. View sample political science research paper on comparative methods. This example Comparative Law Essay is published for educational and informational purposes only. While highly generalized, these traditions—also called legal families—provide an initial basis to begin addressing questions of comparative law. The sharia consists of a number of specific sources of law. Maddox, Robert L., ed. For example, a U.S. lawyer whose client is arrested in France will be better able to represent the client if that lawyer understands the differences present in the criminal justice systems of the two countries. The customary legal tradition centers on social groupings such as tribes, castes, villages, and bloodlines. Many centuries later, Charles Louis Montesquieu focused a great deal on understanding different legal systems in The Spirit of the Laws. World Jurist Association. Keep a list of these things by you as you work. These include Cambodia, Egypt, the states of French west Africa, Morocco, Russia, Tunisia, Turkey, and Vietnam. Understanding the differences and similarities among legal systems allows us to reflect on our own system, as well as to better understand other cultures. Many Asian countries, China in particular, also have been influenced by Confucianism. For example, the Hanafi school allows for consideration of all four types of law, and in some Hanafi countries, such as Egypt, ijmas and Qiyas have been used to incorporate civil-law and common-law components into the legal system. Major Legal Systems in the World Today. Corresponding to this focus on the group, the law is ordered primarily based on individual obligations to the community rather than individual rights. Another area of focus for comparative constitutionalism is the institutional setup present within constitutions, particularly centered on the concept of judicial review. Because the codes are so detailed, there is little room for judicial interpretation, and even less for judicial law creation. Also, many states have adopted civil-law systems and mixed them with other legal traditions. Second work -- Stalin also used visual propaganda to unite a group of The purpose of an Islamic state is to assist Muslims in living according to the tenets of Islam. (Peters, 1998) This essay seeks to describe the different aspects of the ‘art of comparing’ and also to detail the reasons why the comparative method is a necessary tool in the belt of any political … This may be one sentence. To show how this works, here is a process to make a thesis for an analytical essay comparing Karl Marx and J.S. The role of the judge in the civil-law tradition is to apply the laws, as written by the legislature, to the facts of the case under consideration. We’re not off-shore, and every essay we write is 100% original, with the highest level of composition and research. These include the scholars and priests, the warriors and merchants, and the artisans and tradesmen. Two of the most common kinds of writing assignments in political science are the research paper and the theory paper. For example, a comparative essay using the block method on the French and Russian revolutions would address the French Revolution in the first half of the essay and the Russian Revolution in the second half. “Comparative Politics and Comparative Law.” The American Journal of Comparative Law 46 (1998): 739–749. Historically, in the Hindu legal tradition, rules were primarily enacted, implemented, and enforced at the local level. You are merely entitled to use the property during your lifetime. This is the reason that the countries of continental Europe have such similar legal systems. Cambridge: Cambridge University Press, 1989. Today, the legal traditions of very few states remain “pure,” meaning a state that can trace the origins of its legal tradition back to only one of these major legal families. As with the religious and customary legal traditions, the Asian tradition relies on something other than legal rules to maintain order in society; formal legal rules are considered secondary. The Spirit of the Laws. Modern Legal Systems Cyclopedia. St. Paul, Minn.:West, 1994. most sciences – the principal and most effective way to test theory. One belief that distinguishes the Hindu tradition is that the duties and obligations each individual must carry out vary according to each person’s status. [1] X Research source Look over the prompt (and rubric, if you have one) carefully and underline key phrases. In both cases, comparative constitutionalism often uses court decisions on constitutional matters as a main component of comparative discussion. To write a good compare-and-contrast paper, you must take your raw data—the similarities and differences you've observed—and make them cohere into a meaningful argument. nationalism. Home Page. The customer ordering the services is not in any way authorized to reproduce or copy both a completed paper (essay, term paper, research paper coursework, dissertation, others) or specific parts of it without proper referencing. After World War II (1939–1945), however, the study of law and the study of politics split apart. Handouts o Writing Center A research paper vs analytical essay. When we work for you, we exceed your expectations on every level. France, Germany, Italy, Spain, and most of the other countries of western Europe maintain civil-law systems. Here are the five elements required. Analyze the question or essay prompt carefully. Most recognize the preeminence of the Quran and the sunna, but disagree over the validity of the ijma and the Qiyas. The High Court of England may only strike down Acts of Parliament in very limited circumstances. This example Comparative Law Essay is published for educational and informational purposes only. In other cases it was the result of borrowing from successful systems in an attempt to improve one’s own. In many instances, however, comparative law serves as both a subject and a method. These social groupings are thought to endure through time, and therefore no laws can exist that adversely affect either past or future generations. Knapp, Viktor, ed. The first of these is the Quran, which is the book containing Allah’s revelations to Muhammad. The Islamic legal tradition stems from the religion of Islam and began with the preaching of Muhammad around 613 CE. Washington, D.C.:World Jurist Association, 2002. First work -- Hitler used parades, convention meetings and visual In many states, local and family issues may still be handled through customary law. Caribbean islands Company have limited use as stated in the nature of things glendon Mary. Use of … I.e the religion of Islam and began with the foundational components of the recognition of new.... 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