Abstract

MOLLERS, TMJ. Concepts of Justice and National Context Outlining Legal Comparisons Between the Federal Republic of Germany, the United States of America, and the People's Republic of China. PER [online]. 2022, vol.25, n.1, pp.1-49. ISSN 1727-3781.  http://dx.doi.org/10.17159/1727-3781/2022/v25i0a13471.

Comparative law holds the promise of improving knowledge. Looking at other legal systems enables a nuanced understanding of the rules of one's own country. While comparative law traditionally starts with a concrete issue, the purpose of this paper is to explore why concepts of justice often differ widely from country to country. The following article compares three major economic powerhouses: the United States, the People's Republic of China and the Federal Republic of Germany. It will discuss the differences between a liberal and a social market economy, as well as the role of the constitution in society. The outline concludes by looking at the question of when different concepts of justice might converge.

Keywords : Justice; comparative law; culture; history; geography; constitution; penalty level; liberal and social market economy; role of the courts; Party of the People's Republic of China; paternalism; freedom of contract; convergence theory.

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