THE ESSENCE OF COMPARATIVE LEGAL SYSTEMS IN THE DEVELOPMENT OF LEGAL STUDIES

A. Rokhim
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Abstract

: The breadth of the scope of the study of law can be seen from its discussion which includes the making of a rule, regulation or policy, practice and implementation of these rules, human rights, trade, economics, ownership, obligations, taxes, and ethics and rules in relations between countries (or other commonly known in international law), and many more. The broad scope of legal science is because this field of science (law) covers all aspects of human life and is needed in all sectors. Thus, there is no human activity that is not regulated in the study of legal science. Legal history has its own uniqueness, because in addition to informing about the stages of development of law or legal science in a country, legal history also has a focal point to discuss important events that factually occurred in the development of legal science. The history of law is a method and science which is a branch of historical science, which studies, analyzes, verifies, interprets, compiles arguments, and tends to draw certain conclusions about every fact, concept, rule, and rule relating to the law that has ever been in force. Both chronologically and systematically, as well as causes and effects and their touch with what is happening in the present, both as contained in literature, manuscripts, and even oral speech, especially the emphasis on the unique characteristics of these facts and norms, so that they can find symptoms, arguments, and legal developments in the past that can provide broad insight for those who study it, in interpreting and understanding the current law. With this approach, of course, the unique characteristics of facts and legal norms that occur in a society/country will be clearly recorded in the writings of legal scientists, this is nothing but an effort to compare law in the development of legal studies.
比较法系在法学研究发展中的本质
法律研究的广度可以从它的讨论中看出,它包括规则、法规或政策的制定、这些规则的实践和实施、人权、贸易、经济、所有权、义务、税收、国家间关系中的道德和规则(或其他国际法中众所周知的规则)等等。法学的范围广泛是因为这一科学领域(法律)涵盖了人类生活的各个方面,并且在所有部门都需要。因此,在法律科学的研究中,没有不受管制的人类活动。法律史有其独特之处,因为除了讲述一个国家法律或法学发展的各个阶段外,法律史还有一个讨论法学发展中实际发生的重要事件的焦点。法律史是一种方法和科学,是历史科学的一个分支,它研究、分析、验证、解释、整理论点,并倾向于对与曾经有效的法律有关的每一个事实、概念、规则和规则得出某些结论。无论是按时间顺序还是系统地,以及因果关系以及它们与当前发生的事情的联系,都包含在文学,手稿,甚至口头演讲中,特别是强调这些事实和规范的独特特征,以便他们可以找到症状,论点,以及过去的法律发展,可以为那些研究它的人提供广泛的见解,解释和理解现行法律。当然,通过这种方法,一个社会/国家中发生的事实和法律规范的独特特征将被清晰地记录在法律学家的著作中,这只不过是在法律研究的发展过程中对法律进行比较的一种努力。
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