By Markku Kiikeri
Comparative criminal Reasoning and ecu Law offers with using comparative legislation in ecu criminal adjudication. It describes different different types of using comparative legislations in criminal reasoning, argumentation and justification in different nationwide felony orders and in eu point felony associations. The publication starts off with an inquiry into the character of comparative legislation as a felony resource. After the outline of the empirical research it ends to the overall conception of eu legislation and a number of other demanding instances of eu legislation are tested.
The publication is meant for college students and researchers in eu legislations however it additionally comprises elements to be taken under consideration within the useful paintings in eu felony orders and felony associations by way of judges and criminal practitioners.
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Extra info for Comparative Legal Reasoning and European Law
The decision-maker cannot rationally use its own choices as a basis and the premise of a legal decision 148. As it has been maintained, the modern comparative law is based strongly upon the modern paradigm of positive state law l49 . However, comparative law is disconnected from the informal rules of a political and sociological nature because they cannot be generalized within the contemporary comparative law paradigm. Only a comparative approach which would not have as its basic distinction a distinction between (national) legal systems could be able to also compare the socio-Iegal subsystems of national legal systems l50 .
This identity argumentation seems to be based on static presumptions concerning city states, civilization, "legitimacy" (or "rightness") of power, religion, natural law, nation, ethnicity, and, in the end, on the relative stability of positive and formal legal systems, legal rule, and legal institutional arrangements. These presumptions concerning identities of law have enabled the dynamic use of comparative observations as an argument in legal discourse. The aim has been, as it has been maintained, to prove the existence of constitutions, the "goodness" of one system, different types of sovereign power(s), the existence of common norms, the superiority or uniqueness of a particular legal system, and, as in contemporary discourse, the relative autonomy and sovereignty of legal cultures, particular fields of law and, finally, the institutions and norms of supranational regional systems.
108. , Cultural and Ideological Pluralism and Contemporary Public International Law. In: Reports on German Public Law and Public International law to Xiith International Congress of Comparative law (Heidelberg) 1986 (169-182). There is no clear defInition of culture and ideology in contemporary public international law. 180). 36. l09. 120 121 28 CHAPTER 2 hand (for Machiavelli, for example) all socio-Iegal systems were utilizable in the same way, and, accordingly, comparable. Nevertheless, in all these types of comparisons, the common factor was their "internal" systematic point of view with regard to the issue of tertium comparationis.
Comparative Legal Reasoning and European Law by Markku Kiikeri