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Patterns of Legal Culture: The Netherlands Compared to Neighboring Germany

Patterns of Legal Culture: The Netherlands Compared to Neighboring Germany ERHARD BLANKENBURG Pattern s of Lega l Culture : Th e Netherland s Compared t o Neighborin g German y 1. PUZZLES OF LEGAL CULTURE Comparative legal scholarship has a long tradition of catego­ rizing legal systems into 'families' of kinshi p and descent. Its catego­ ries are based on the history of lawmaking and jurisprudence, both being characterized by elements of local identity as well as th e recep­ tion and sometimes outright imitation of neighboring systems. Polit­ ical history plays a pre-eminent role; militar y occupation and colonial domination have shaped many a 'national' tradition. This is espe­ cially obvious in Central Europe which ha s experienced war in almost every generation. For centuries it had been a loose collection of princedoms with a weak emperor holding the symbolic entity of the 'Holy Roman Empire of the German Nation' together. The law and the courts of th e empire were of very limited jurisdiction, leaving eve­ ryday justic e to local powerholders. The nucleus of th e German Reich was surrounded by a circle of territorie s tied more or less closely to it in war and peace, partly sharing the German language and usually akin in http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Patterns of Legal Culture: The Netherlands Compared to Neighboring Germany

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Publisher
Oxford University Press
Copyright
© 1998 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/841077
Publisher site
See Article on Publisher Site

Abstract

ERHARD BLANKENBURG Pattern s of Lega l Culture : Th e Netherland s Compared t o Neighborin g German y 1. PUZZLES OF LEGAL CULTURE Comparative legal scholarship has a long tradition of catego­ rizing legal systems into 'families' of kinshi p and descent. Its catego­ ries are based on the history of lawmaking and jurisprudence, both being characterized by elements of local identity as well as th e recep­ tion and sometimes outright imitation of neighboring systems. Polit­ ical history plays a pre-eminent role; militar y occupation and colonial domination have shaped many a 'national' tradition. This is espe­ cially obvious in Central Europe which ha s experienced war in almost every generation. For centuries it had been a loose collection of princedoms with a weak emperor holding the symbolic entity of the 'Holy Roman Empire of the German Nation' together. The law and the courts of th e empire were of very limited jurisdiction, leaving eve­ ryday justic e to local powerholders. The nucleus of th e German Reich was surrounded by a circle of territorie s tied more or less closely to it in war and peace, partly sharing the German language and usually akin in

Journal

American Journal of Comparative Law – Oxford University Press

Published: Jan 1, 1998

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