Abstract
This chapter develops the differences between the common and civil law traditions. While many civil and common law countries have legal traditions grounded in the rule of law and participation in the international legal system, there are distinct differences in the cultural and institutional development of the civil law tradition, including the use of codes and a tendency toward more monist systems, which facilitates greater internalization of international law and leads to different policy outcomes than for states with the common law tradition. At the same time, however, not all states within the civil law tradition adopt the same policies towards international law, as is evident in the cases of Germany and Turkey explored in this chapter. Additionally, in both the case of Germany and Turkey, this chapter delves more deeply into the role of nationalism as a driving factor behind legal tradition which can influence policy toward international law.
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