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The differences between common law and civil law
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The differences between #common_law and #civil_law • 1. Introduction, • The legal systems in force throughout the world can be broadly divided into two categories: civil law and common law. While both have similarities in their aim to provide justice, they differ in the way they approach legal issues. Understanding the differences between these two systems is crucial for legal professionals to navigate their respective legal systems. In this post, we will examine the key features of common law and civil law and highlight their fundamental differences. • 2. The civil law tradition, • Civil law is often defined as a law that draws its source and inspiration from Roman law. The civil law system is a codified system of law. Countries that follow a civil law system are usually the former French, Dutch, German, Spanish or Portuguese colonies or protectorates, including much of Central and South America. Most Central and Eastern European and East Asian countries also follow a civil law structure. • In the civil law system, there is usually a written constitution based on specific codes of law. Examples include the civil code, company law, administrative law, tax law and constitutional law. Basic rights and obligations are enshrined in these codes. Only legislative enactments are considered binding for everyone. • 3. The common law tradition, • The common law system is also known as judge-made law or case law. It is a body of law created by judges. Countries that follow common law are usually the former British colonies or protectorates, including the United States. • Common law is the legal tradition that has developed in England since the 11th century. The principles of common law are largely found in court decisions, usually from higher courts, relating to specific issues that arise in disputes decided by courts. • 4. The differences between common law and civil law, • Common law is not codified. This means that there is no complete list of all laws. While there are some government statutes, common law mostly comes from previous court decisions. These earlier decisions are recorded in court documents and collections called yearbooks and reports. In each new case, the judge decides which previous decisions to refer to. • Civil law, on the other hand, is codified. Countries with civil law have detailed codes that explain all the rules for court proceedings, the processes to be followed and the penalties for various offences. These codes divide the law into three types: substantive law determines which acts are crimes or civil matters, procedural law explains how to find out if something is a crime, and penal law determines the punishment. In civil law, the judge establishes the facts of the case and applies the laws from the code. The judge often starts with the case, investigates it and makes decisions, but they follow the rules set out in the written laws. • 5. Summary, • To summarize, the difference between common law and civil law is significant and fundamental. Common law is based on precedents and judge-made law, whereas civil law is based on comprehensive, constantly updated codes. The role of judges in shaping common law is extensive, whereas in civil law, legislators and legal scholars play a more important role in drafting and interpreting the codes. In addition, the adversarial system and the involvement of juries are characteristic of common law, whereas civil law operates within a framework established by codified statutes.
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