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On the Origin of Legal Diversity by Means of Comparative Law, or the Role of Legal Education in the Solution of Legal Conflicts
Rostam J. Neuwirth
2019-01
Source PublicationThe Indian Yearbook of Comparative Law 2018
Author of SourceMahendra Pal Singh; Niraj Kumar
Publication PlaceSingapore
PublisherSpringer
Pages45-67
Abstract

Internationally, different legal conflicts in the sense of antinomies between the obligations arising from two treaties or laws are often attributed to global legal diversity. These conflicts are increasingly posing problems given the increasing levels of complexity and rapid pace of change in the world today. To successfully tackle the challenges resulting from these conditions, it is necessary to search for the underlying causes of international legal conflicts. Particularly, trying to avoid or dissolve such conflicts requires knowing their origins. First, this question demands the clarification of whether the global diversity of legal systems is caused by legal education or by other factors within the context, such as history, culture or language. In short, it asks whether legal diversity is inherited (nature) or acquired (nurture), which is an important step in the avoidance or solution of legal conflicts altogether. To this end, the present chapter relies on so-called essentially oxymoronic concepts to enquire more closely into the origin of legal diversity by means of comparative law. In trying to ascertain some requirements for the solution and avoidance of legal conflicts, the chapter further examines the requisites of legal education in the training of the future global lawyer.

DOI10.1007/978-981-13-7052-6_2
URLView the original
Language英語English
ISBN978-981-13-7051-9
Fulltext Access
Citation statistics
Document TypeBook chapter
CollectionFaculty of Law
Corresponding AuthorRostam J. Neuwirth
AffiliationUniversity of Macau, Taipa, China
First Author AffilicationUniversity of Macau
Recommended Citation
GB/T 7714
Rostam J. Neuwirth. On the Origin of Legal Diversity by Means of Comparative Law, or the Role of Legal Education in the Solution of Legal Conflicts. Singapore:Springer,2019:45-67.
APA Rostam J. Neuwirth.(2019).On the Origin of Legal Diversity by Means of Comparative Law, or the Role of Legal Education in the Solution of Legal Conflicts.The Indian Yearbook of Comparative Law 2018,45-67.
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