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Doctrine

Legal tradition

International and Comparative Law Doctrine
Origin The now common division of legal traditions into families, including the civil law and common law distinction, traces to Henri Levy-Ullmann's 1923 classification, described as the first grouping of legal systems based on their sources of law.

A legal tradition or legal family is a grouping of laws or legal systems based on shared features or historical relationships; common examples include the common law tradition and the civil law tradition, though many other legal traditions have also been recognized, and the concepts of legal system, legal tradition and legal culture are closely related. The understanding of legal families and traditions has shifted over time: early and mid-20th-century efforts at classifying legal systems commonly employed a taxonomic metaphor and assumed that a legal system's affiliation with a legal family was static and that mixed legal systems were an exceptional case, while more recent understandings hold that legal systems partake of multiple legal traditions at once. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/

Facts
Origin Period
The now common division of legal traditions into families, including the civil law and common law distinction, traces to Henri Levy-Ullmann's 1923 classification, described as the first grouping of legal systems based on their sources of law. 1
Core Principle
A legal tradition consists of deeply rooted, historically conditioned attitudes about the nature of law, the role of law in society, and how a legal system should be organized and should operate. 1
Origin Period
Origin Period (category)
20th Century (1900-1999) 1
Sources
1. Legal tradition (Wikipedia)
  • History section
    In 1923, Henri Lévy-Ullmann developed the first grouping of legal systems based on sources of law: English law (based on custom), civil law (based on written sources), and Islamic law (based on religious revelation).
  • Definitions section
    In the influential 1969 comparative law work The Civil Law Tradition, John Henry Merryman defined a "legal tradition" as "a set of deeply rooted, historically conditioned attitudes about the nature of law, about the role of law in the society and the polity, about the proper organization and operation of the legal system, and about the way law is or should be made, applied, studied, perfected, and taught." The concepts of legal tradition, legal culture, and legal system are closely related and are sometimes used interchangeably.
  • In Group: Comparative Law Theory, Introduction, sentence 1
    A legal tradition or legal family is a grouping of laws or legal systems based on shared features or historical relationships.
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