خصائص المناهج القانونية الكبرى المعاصرة : دراسة مقارنة بين العائلات القانونية الكبرى

Abstract EN

The comparison between the major law systems discussed in this study shows that the comparative law science is of great importance, especially that we can use it to bring people together in an era where all necessary aids are available, such as transportation, fast telecommunication and tremendous technological development, which made distance and geographical boundaries of no more significance.

Hence, the major challenge today is to unify the law through the standardization of its terminology and concepts as much as possible in order to minimize the existing problems arising from divergence, while maintaining the cogitive gains in the field of law in all compared doctrines in terms of their history and development phases.

Among the major fundamentals of this objective, is the study of the characteristics of the law following the major law families.

We came to a conclusion that all three major doctrines (i.e.

Islamic fiqh, the Germanic Roman family and the common law family) share some characteristics and differentiate in some others.

Through the comparison between the law families, we can achieve practical benefits relating to the drafting of national laws and international agreements of all kinds.

This would balance the drafting process taking into account the existing differences between the major law families and lead to the standardization of some laws worldwide through drafting guiding laws and international agreements in a way that respects all law schools affecting the majority of countries and almost no country is exempt from being affected by it