Comparative Analysis of Social Law – Advantages, Characteristics, and Implementation Considerations

Comparative Analysis of Social Law – Advantages, Characteristics, and Implementation Considerations

Families of Law

As a leader of a nation adopting a social law system, I compare and contrast common law to civil law. The common law system does not contain any form of written constitution which makes the decisions of the high court to be likely overturned through the legislation. The common law system permits everything provided since the law does not prohibit it. On the contrary, civil law is more prescriptive, whereby the government enshrines and protects the citizens using specific legislation (Khun). The policy is a codified system of law that leads to less freedom of contract since most provisions are implied in a contract. Notably, from the article on China’s rule against “rumor mongers” adopting social law is essential in the provision of uniformity and certainty when it comes to administering justice. Also, rules and regulations are critical for protecting human rights and resolving disputes. Lastly, society needs rules and regulations to compensate and serve justice to the aggrieved person. The United States is less likely to adopt the system since judges are the balancing powers of various branches in the country.

Part 2

The United States use common law whereby there is sharing of power between the state government and the federal government. China, on the other hand, uses the civil law system whereby there is a distribution of power similar to that of the United States, but the governmental power is centralized, unlike in the US, where it is divided into different states. The system in the United States is advantageous in that the government has three separate branches, leading to a system of checks and balances that does not exist in China. The judicial branch is also dependent on other branches (DEFENDING JUSTICE: AN ACTIVIST RESOURSE KIT). Since, in China, to be assumed is to be presumed guilty, the system needs to be improved so that the state assists the accused in confessing. All the same, as a political leader in the United States, I would need to improve on the policies since the common law system is inflexible and rigid, thus delaying the cause of justice

References

DEFENDING JUSTICE: AN ACTIVIST RESOURCE KIT. “THE UNITED STATES VS THE WORLD.” PublicEye.org – The Website of Political Research Associates, May 2005, www.publiceye.org/defendingjustice/pdfs/factsheets/9-Fact%20Sheet%20-%20US%20vs%20World.pdf.

Khun, Anthony. “New Chinese Law Cracks Down On ‘Rumor Mongers’.” NPR.org, 26 Sept. 2013, www.npr.org/sections/parallels/2013/09/25/226181016/new-chinese-law-no-rumormongering.

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Number of pages: 1/2
References/sources: 1

Part 1

“Families of Law” Please respond to the following:

Suppose you are the leader of a nation that is adopting a Social Law system. Compare and contrast the major characteristics of Social Law with one (1) other family of law of your choosing. Conclude two to three (2-3) advantages to your nation incorporating Social Law as opposed to any other family of law. Provide support for your response.

Comparative Analysis of Social Law – Advantages, Characteristics, and Implementation Considerations

From the e-Activity, specify the key characteristics of Social Law that would contribute to a nation deciding to implement such laws as China’s rule against “rumour mongers”. Examine the likelihood of the United States adopting this type of law. Provide a rationale for your response.

e-Activity
Go to NPR’s Website and read the article titled “New Chinese Law Cracks Down on ‘Rumor Mongers’”, dated September 26, 2013, located at http://www.npr.org/blogs/parallels/2013/09/25/226181016/new-chinese-law-no-rumormongering. Be prepared to discuss.

Number of pages: 1/2
References/sources: 1

Part 2

“Model Countries” Please respond to the following:

Select one (1) of the model countries from the text. Compare and contrast two (2) strengths and two (2) weaknesses of its justice system to the United States’ justice system. Suggest one (1) change to each country’s justice system that might improve on the weaknesses that you noted. Provide a rationale for your response.
From the e-Activity, suppose you are a political leader in your community. Give one (1) example of an alternative to incarceration that you would implement to reduce crime in your community. Examine the fundamental ways in which implementing your chosen alternative will potentially lead to reduced crime.

e-Activity
Read the article titled “The United States versus the World”, located at http://www.publiceye.org/defendingjustice/pdfs/factsheets/9-Fact%20Sheet%20-%20US%20vs%20World.pdf. Be prepared to discuss.