Pluralistic Legal Systems
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Pluralistic Legal Systems
Legal pluralism is the existence of multiple legal systems within one society and/or geographical area. History Church and State The notion of "parallel sovereignty" between premodern States and the Catholic Church was an accepted situation in medieval and early modern Europe to such an extent that it was considered as the DNA of the occidental society. Even if this authorities were often in conflicts, Church and State were habitually supportive for each other et it's possible to called it a "legal collaborative pluralism". The theologians and jurists of the School of Salamanca like Domingo de Soto and Tomás de Mercado stimulated thus the interplay between canon and civil laws. The latest considered for example the confessor, judge of the conscience, as a veritable agent for the application of civil law. Colonial societies Plural legal systems are particularly prevalent in former colonies, where the law of a former colonial authority may exist alongside more traditional ...
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Legal System
A legal system is a set of legal norms and institutions and processes by which those norms are applied, often within a particular jurisdiction or community. It may also be referred to as a legal order. The comparative study of legal systems is the subject matter of comparative law, while the definition of legal systems in the abstract has been largely the domain of legal philosophy. Although scholarship has largely focused on national legal systems, many other distinct legal systems exist; for example, in Canada, in addition to the Canadian legal system there are numerous Canadian Indigenous law, Indigenous legal systems. The term "legal system" is often used to refer specifically to the laws of a particular nation state. Some countries have a single legal system, while others may have multiple overlapping legal systems arising from distinct sources of sovereign authority, as is often the case in federal states. In addition, different groups within a country are sometimes subject ...
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