Comparative Law and Justice

Legal Systems

The comparative study of crime and justice began with the examination of legal systems and traditions. In 1928 John Henry Wigmore published Panorama of the World's Legal Systems, a three-volume work detailing the evolution of the world's sixteen major legal systems; condensed into a single-volume library edition in 1936, it is still a useful categorization of legal systems. The most commonly used classification of modern legal systems is found in Rene David and John Brierley's Major Legal Systems of the World (1968), which identified four major legal families: common, civil, socialist, and religious. By comparing their cultural, substantive, and procedural components researchers and practitioners can use David and Brierley's classification scheme to determine whether certain legal systems are associated with lower crime rates, higher rates of conviction, or due process considerations (that is, protecting the rights and liberties of those in the justice system). It is important to note, however, that the legal systems of most nations are combinations of the traditions of two or more legal families. And several native or indigenous legal systems, which are based on local custom and not influenced by outside forces, do not fit into any of the families at all.

Policing

The need for comparative studies of law enforcement systems and practices emerged with the increased internationalization of crime and the multinational character of many crime syndicates. These developments have highlighted the need for cooperation and coordination between police from different countries. INTERPOL, the only significant international police organization, is primarily a source of information on criminals and crime trends and does not have enforcement powers. Hence, it is essential that national police organizations be familiar with the operations and strategies of their counterparts in other countries. Social scientists are also interested in comparative studies of the operation of formal social control agencies in general and police in particular.

The popularity of community policing in the United States has led to attempts at duplicating this mode of law enforcement in other countries, and to a general interest in the law enforcement systems and strategies of other countries. Community policing focuses on reducing crime through restoring neighborhoods, adapting policing to specific community needs, involving citizens in fighting crime, strengthening ties between police and the community, and addressing the underlying causes of crime. Another issue for comparative police research is the policing of ethnic minorities and divided communities. Many countries, including the United States, France, Australia, and the United Kingdom, are dealing with issues such as racial profiling and aggressive policing in minority communities. Regions with strong ethnic partitions, such as Bosnia, Northern Ireland, and South Africa, face the task of building police forces that can be trusted by all citizens. The comparative study of policing can also provide insights on issues such as the training and use of personnel, allocation of resources, the use of force, corruption and human rights violations.

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