Legal Origins and Human Rights law

Rutgers International Law & Human Rights Journal 3(3): 26-48

24 Pages Posted: 20 Dec 2023

See all articles by Adam Chilton

Adam Chilton

University of Chicago - Law School

Mila Versteeg

University of Virginia School of Law

Date Written: December 3, 2023

Abstract

A widely studied topic in comparative law is the extent to which countries’ legal origins—and especially whether they are a civil or common law system—are associated with the substance of their contemporary laws. We contribute to this line of research by using data from a range of sources to explore whether common law and civil law countries have different substantive legal commitments in an area where the enduring influence of legal origins remains unclear: human rights law. We specifically explore differences between common law and civil law countries along five dimensions. We find that, compared to countries with common law legal origins, countries with civil law legal origins enumerate more constitutional rights, ratify more human rights treaties, enumerate more citizen duties, and are more likely to have legal regimes that incorporate international human rights treaties into their domestic legal order.

Keywords: Legal Origins, Comparative Law, International Law, Human Rights Law

Suggested Citation

Chilton, Adam and Versteeg, Mila, Legal Origins and Human Rights law (December 3, 2023). Rutgers International Law & Human Rights Journal 3(3): 26-48, Available at SSRN: https://ssrn.com/abstract=4652182

Adam Chilton (Contact Author)

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

HOME PAGE: http://www.adamchilton.org

Mila Versteeg

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

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