Different countries have varied justice systems, which are contingent on a number of factors, such as culture, political ideologies, social norms and beliefs, alongside other elements. An exploration of the criminal justice systems in the United States, Hong Kong and Germany could help illuminate the various differences that exist in this particular branch of government.
United States
United States is considered the most culturally diverse nation because of the population’s composition (Bodnar, 1987). Various components shaping the culture include religion, music, language, food, social norms, the type of clothing among others. Native Americans adopted the immigrants’ way of life such that what is experienced today is a blend of Europeans, Asians, Africans, and Latin American’s culture. As a result, scholars have described the country as a ‘melting pot with a great diversity (Bodnar, 1987). The history of the United States can be broken down into several important sections, the first one being the competition of North America by European Nations. African slaves and Native Americans were made to powers like the British and the French between 1492 and 1763 (Bodnar, 1987). The next important period was the creation of the Republic between 1763 and 1789 after suffering from the impacts Seven Years’ War with the British administration seeking ways to raise more revenue (Bodnar, 1987). Afterward, there was the formation of Federal and Republican political parties that shape the people’s views on slavery, liberty, and determinism. In the 21st Century, the United States is refined after undergoing recessions and developing with new perspectives to guide the justice system.
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The United States employs a civil legal tradition brought by the British to the Northern American territories. A good example of states practicing civil law in Louisiana following a long historical interaction with the French. Although Blackstone is the principal source of the American Law, there is still much influence and lessons borrowed from the Roman civil laws. Prominent scholars and figures like Thomas Jefferson studied the works from Justinian Institutes that borrowed heavily from the English law (Clark, 2007). The position can be proven through a profound analysis of the rulings made in early landmark cases like Pierson v. Post and the United States v. Robbins . Cultural elements such as religion and education have been influencing the American legal system which has to adapt to the people’s ways of life. In Pierce v. Society of Sisters , the religious rights of families were put on test (Clark, 2007). The law required parents to send their children between six and eight years to public school, against their wish because of disagreements on religious and military lessons. The court further ruled that parents have the right to take children to their favorable institutions as guaranteed in the Fourteenth Amendment.
The legal system requires citizens to fulfill social, economic, political and vocational expectations. In some instances, failing to comply with these requirements result in dissatisfaction, aggression, and frustrations resulting in criminal behavior. The American legal system has been undermining culture through weakening religious doctrines and beliefs of the principles of ethical relativity (Hafernik et al., 2014). The criminal justice system has, therefore, become the main regulator of behavior, completely subordinating informal behavioral controls. The resultant effects of the justice system and culture conflict are negative, characterized by overcriminalization of minor offenses and under criminalization of serious deviant behaviors. The system, therefore, needs to be modified and embrace some cultural values in order to curb criminal behavior. Although culture is undermined, there is a strong preservation of the American history concepts such as institutional and individual liberty.
Hong Kong
From historical records, Hong Kong was initially under Imperial China and underwent significant development during the Tang Dynasty that rules in the 9th century (McKercher et al., 2004). However, the need to have social identity later made the territory to develop unique laws that promoted sovereignty. Since the early 20th century, Hong Kong became a free port with many trading activities but was later interfered when Japan took control during the Second World War. After the war, the territory was transferred to China and made to be an administrative center. The long interaction with China has made Hong Kong embrace Chinese beliefs and rituals. Taoism, Buddhism, and Confucianism have played a significant role in shaping the peoples’ religious and social beliefs (McKercher et al., 2004). The culture and customs are also centered on the doctrines of the ancient ideologies under Feng Shui.
Hong Kong has a unique legal system based on the common law borrowed from the British (Bhatia et al., 2008). The system is different from the Chinese civil law and contained in the Laws of Hong Kong. Cultural heritage played a significant role in the formation of the legal principles. A specific example is the Environmental Impact Assessment Ordinance that lays much emphasis on the monuments and cultural practices following protests that happened in Beijing (Bhatia et al., 2008). The linguistic policy advocating for two language system and making Cantonese the official language proves that culture has a significant impact on the formulation of laws. The laws further preserve the history of the small territory by protecting historic buildings that are threatened by modern developments causing destructions. The criminal justice system underscores fairness while at the same time blending with the traditional social norms that are applicable in the modern dynamic society. Politics rarely affect the legal system because the doctrines are well outlined while at the same time preserving the rich cultural and historical traditions that have to promote solidarity. For example, the principles under Confucianism are well-thought out and articulated to provide social order. The approach emphasizes on promoting pro-social values instead of punishing criminals.
Germany
Based on history, the first occupants of Germany came from Scandinavia and later controlled by Romans (Wende, 2004). An important historical figure shaping the political, social and economic life during the protestant reformation era was Martin Luther. The country has fought many wars that have shaped its modern history like the France-Prussian war, the Silesian wars and the Seven Years’ War (Wende, 2004). The Second World War made Germany to incur huge losses after the destruction of historical cities and other investments. Great and influential philosophers like Immanuel Kant and Friedrich Nietzsche have shaped Germany’s culture, with variations being evident throughout different regions. Besides poetry and the influence from existential scholars, there is the emphasis on arts, festivals, and music.
The German Civil Code determined the nature of the legal system in the country after borrowing some concepts from the French System (Riegert, 1970). The system emphasizes on good faith and fair treatment of peoples through observing rights and good morals. The code guarantees the right of every citizen to exercise individual rights and protect the freedoms and acquired property. The legal system protects critical elements of culture and formulates well-structured laws governing marriage and other vital institutions considered important by the culture. The code has been influenced by history through essential doctrines like the Napoleonic code that also affect the formulation of private laws (Riegert, 1970). Politics have been influencing the legal system with the greatest influence being witnessed in 1888 when critics considered the code as being too Roman hence, rejecting it (Backhaus, 1999). However, political leaders were determined to approve the document, efforts that eventually led to the promulgation of the second draft which began implementation in 1900. The legal system is different from the American and British but agrees on the need to have fairness in investigation and trials. Culture has been influential such that the ordinary courts have to consider important elements shaping the families, marriage, and criminal conduct.
Conclusion
The discussion has demonstrated the role of culture, politics, and economics in shaping the justice systems in the three countries mentioned. For instance, it is evident that culture plays part in determining the nature and practice of legal principles. Nevertheless, one can notice that the intersection of politics, culture, and economics dictates the direction that criminal justice systems take pertaining to maintaining law and order.
References
Backhaus, J. G. (1999). The German Civil Code of 1896: an economic interpretation. European Journal of Law and Economics , 7 (1), 5-15.
Bhatia, V. K., Candlin, C. N., & Engberg, J. (Eds.). (2008). Legal discourse across cultures and systems (Vol. 1). Hong Kong University Press.
Bodnar, J. E. (1987). Transplanted: A History of Immigrants in Urban America (Interdisciplinary Studies in History) . Indiana University Press.
Clark, D. S. (2007). The modern development of American comparative law: 1904-1945. The American Journal of Comparative Law , 55 (4), 587-616.
Hafernik, J. J., Messerschmitt, D. S., & Vandrick, S. (2014). Ethical issues for ESL faculty: Social justice in practice . Routledge.
McKercher, B., Ho, P. S., & du Cros, H. (2004). Attributes of popular cultural attractions in Hong Kong. Annals of Tourism Research , 31 (2), 393-407.
Riegert, R. A. (1970). West German Civil Code, Its Origin and Its Contract Provisions. Tul. L. Rev. , 45 , 48.
Wende, P. (2004). History of Germany . Macmillan International Higher Education.
