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On the Origin of Legal Diversity by Means of Comparative Law, or the Role of Legal Education in the Solution of Legal Conflicts
Neuwirth, Rostam J
2019-09-25
Source PublicationIndian Yearbook of Comparative Law 2018
Author of SourceMahendra P. Singh and Niraj Kumar
Publication PlaceBerlin
PublisherSpringer
Pages45-67
Abstract

Internationally, different legal conflicts in the sense of antinomies between the obligations arising from two treaties or laws are often attributed to global legal diversity. These conflicts are increasingly posing problems given the increasing levels of complexity and rapid pace of change in the world today. To successfully tackle the challenges resulting from these conditions, it is necessary to search for the underlying causes of international legal conflicts. Particularly, trying to avoid or dissolve such conflicts requires knowing their origins. First, this question demands the clarification of whether the global diversity of legal systems is caused by legal education or by other factors within the context, such as history, culture or language. In short, it asks whether legal diversity is inherited (nature) or acquired (nurture), which is an important step in the avoidance or solution of legal conflicts altogether. To this end, the present chapter relies on so-called “essentially oxymoronic concepts” to enquire more closely into the origin of legal diversity by means of comparative law. In trying to ascertain some requirements for the solution and avoidance of legal conflicts, the chapter further examines the requisites of legal education in the training of the future global lawyer.

KeywordLegal Diversity Comparative Law Comparative Legal Education Comparative Cognition Law Language And Logic Essentially Oxymoronic Concepts
URLView the original
Language英語English
ISBN9789811370519 [9789811370526]
The Source to ArticlePB_Publication
Document TypeBook chapter
CollectionDEPARTMENT OF GLOBAL LEGAL STUDIES
Corresponding AuthorNeuwirth, Rostam J
Recommended Citation
GB/T 7714
Neuwirth, Rostam J. On the Origin of Legal Diversity by Means of Comparative Law, or the Role of Legal Education in the Solution of Legal Conflicts[M]. Indian Yearbook of Comparative Law 2018, Berlin:Springer, 2019, 45-67.
APA Neuwirth, Rostam J.(2019). On the Origin of Legal Diversity by Means of Comparative Law, or the Role of Legal Education in the Solution of Legal Conflicts. Indian Yearbook of Comparative Law 2018, 45-67.
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