Law - Legal Systems

Civil and Common law are the dominant legal systems in the modern world. Most of the economically developed countries use these systems. History and traditions influence the legal systems.

• Civil law
• Common law
• Customary law
• Mixed law
• Religious law

• Based on basic ideas of Roman law - 200 years old.
• Term derived from Latin " Jus civile " meaning, the law applicable to all Roman citizens.

Civil law developed when civil law and canon law ( Catholic Church Law) were taught in Universities. Codification movement of the law occurred in the 19th century. France's civil code (Napoleonic Code 1804) is one of the models of today's civil law system. German civil code occurred in 1900.

Statutes and legislation are primary sources of law.Judge has the dominant role in court sessions.Law can be changed more easily with political decisions and scholars interpret the codes.Juridical process is important for the decision. Used in: Whole of Europe (except UK and Ireland), almost whole of South-America, Thailand, Vietnam, Laos, Angola

Common law began to develop after Norman Conquest in 1066.The king tried to centralize power, and justice institutions were built.Universities had no role of developing the law system. Cases are solved on the basis of previous cases, there is only little written law, the law is learned through case books. The first systematic, analytical treatise on the English Common Law was written by Sir William Blackstone (1723-1780).

Legal cases are an important source of law.Preceding legal cases make the law. Judges are more like referees in trials.Judges have an important role in shaping the law.Political alignments have to win judges on its side.A jury decides the facts of the case. the judge determines the verdict. Used in: UK, Ireland, USA, Canada, Australia, New Zealand, Jamaica, Bahamas.

Before modern court systems, the customary law was the only source of law. Hardly used anywhere

European Union law is a mixed law.Both influences from Civil and Common law.System can be based on Civil/Common law with some religious elements or nations traditions. Used in: Europe, many African countries, China, India, Indonesia, Malaysia, Philippines, Japan, South Korea.

Based on religious texts and teachings.Examples: Islamic Sharia Law, Jewish Halakha Law.Example: Saudi-Arabia