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Criteria For The Classification of Major Legal System
Criteria For The Classification of Major Legal System
Criterion refers:
a. essentials, requirement, minimum qualification,
and element
b. a standard by which something may be judged
Criteria of existence:
Criteria of identity:
Criteria of structure:
Criteria of content :
Dias pointed out there are such elements in
every legal system which are- Principle of
validity, institutional structure and purpose
A.R. Biswas, there are such elements in every
legal system which are Structure, substance,
culture and impact.
Antony Allot views norms, institutions, process
and autonomy as pre-requisites in every legal
system.
H.L.A. Hart refers to primitive and developed
legal system that have the criteria primary
rules of obligation or duty imposing laws and
the secondary rules or power conferring laws.
In the analysis of K. Zwiegert and H. Kortz,