Major Legal Systems In The World Today
Civil law systems have their origin in the Roman legal tradition. Civil systems vary widely, both in procedure and substantive law, so conducting research on a particular nation's civil law system should include looking at that nation's specific system of law, but they do have some trademark characteristics. Nations with civil law systems have comprehensive, frequently updated legal codes. Most importantly, case law is a secondary source in these jurisdictions. France and Germany are two examples of countries with a civil law system.
Major Legal Systems in the World Today
Common law systems, while they often have statutes, rely more on precedent, judicial decisions that have already been made. Common law systems are adversarial, rather than investigatory, with the judge moderating between two opposing parties. The legal system in the United States is a common law system (with the exception of Louisiana, which has a mix of civil and common law).
Customary law systems are based on patterns of behavior (or customs) that have come to be accepted as legal requirements or rules of conduct within a particular country. The laws of customary legal systems are usually unwritten and are often dispensed by elders, passed down through generations. As such, customary law research depends greatly on the use of secondary sources. Oftentimes, customary law practices can be found in mixed legal system jurisdictions, where they've combined with civil or common law.
Religious legal systems are systems where the law emanates from texts or traditions within a given religious tradition. Many Islamic nations have legal systems based in whole or in part on the Quran.
The two major legal systems in the world are Civil Law and Common Law, but JurisGlobe, a project of the University of Ottawa, identifies five categories of legal systems: Civil law, Common law, Customary law, Muslim law and Mixed law systems.
In Mixed law systems, either two or more systems apply cumulatively or interactively, or different systems are applied depending on the legal issue. For example, Civil law controls property, contracts, and family law in Louisiana, while the Common law principles of jury trials, burdens of proof, and pretrial discovery still operate in the state's criminal law. A legal structure with competing or overlapping legal systems is known as "polycentric law"
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The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law.
Both civil (also known as Roman) and common law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system.
The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code.While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empire and, more particularly, the Corpus Juris Civilis issued by the Emperor Justinian ca. AD 529. This was an extensive reform of the law in the Byzantine Empire, bringing it together into codified documents. Civil law was also partly influenced by religious laws such as Canon law and Islamic law. Civil law today, in theory, is interpreted rather than developed or made by judges. Only legislative enactments (rather than legal precedents, as in common law) are considered legally binding.
Common law and equity are systems of law whose sources are the decisions in cases by judges. In addition, every system will have a legislature that passes new laws and statutes. The relationships between statutes and judicial decisions can be complex. In some jurisdictions, such statutes may overrule judicial decisions or codify the topic covered by several contradictory or ambiguous decisions. In some jurisdictions, judicial decisions may decide whether the jurisdiction's constitution allowed a particular statute or statutory provision to be made or what meaning is contained within the statutory provisions. The common law developed in England, influenced by Anglo-Saxon law and to a much lesser extent by the Norman conquest of England, which introduced legal concepts from Norman law, which, in turn, had its origins in Salic law. Common law was later inherited by the Commonwealth of Nations, and almost every former colony of the British Empire has adopted it (Malta being an exception). The doctrine of stare decisis, also known as case law or precedent by courts, is the major difference to codified civil law systems.
The Islamic legal system, consisting of sharia (Islamic law) and fiqh (Islamic jurisprudence), is the most widely used religious law system, and one of the three most common legal systems in the world alongside common law and civil law. It is based on both divine law, derived from the hadith of the Quran and Sunnah, and the rulings of ulema (jurists), who use the methods of ijma (consensus), qiyas (analogical deduction), ijtihad (research), and urf (common practice) to derive fatwā (legal opinions). An ulema was required to qualify for an ijazah (legal doctorate) at a madrasa (law school or college) before they could issue fatwā. During the Islamic Golden Age, classical Islamic law may have had an influence on the development of common law and several civil law institutions. Sharia law governs a number of Islamic countries, including Saudi Arabia and Iran, though most countries use Sharia law only as a supplement to national law. It can relate to all aspects of civil law, including property rights, contracts, and public law.
This entry provides the description of a country's legal system. A statement on judicial review of legislative acts is also included for a number of countries. The legal systems of nearly all countries are generally modeled upon elements of five main types: civil law (including French law, the Napoleonic Code, Roman law, Roman-Dutch law, and Spanish law); common law (including United State law); customary law; mixed or pluralistic law; and religious law (including Islamic law). An additional type of legal system - international law, which governs the conduct of independent nations in their relationships with one another - is also addressed below. The following list describes these legal systems, the countries or world regions where these systems are enforced, and a brief statement on the origins and major features of each. Civil Law - The most widespread type of legal system in the world, applied in various forms in approximately 150 countries. Also referred to as European continental law, the civil law system is derived mainly from the Roman Corpus Juris Civilus, (Body of Civil Law), a collection of laws and legal interpretations compiled under the East Roman (Byzantine) Emperor Justinian I between A.D. 528 and 565. The major feature of civil law systems is that the laws are organized into systematic written codes. In civil law the sources recognized as authoritative are principally legislation - especially codifications in constitutions or statutes enacted by governments - and secondarily, custom. The civil law systems in some countries are based on more than one code. Common Law - A type of legal system, often synonymous with "English common law," which is the system of England and Wales in the UK, and is also in force in approximately 80 countries formerly part of or influenced by the former British Empire. English common law reflects Biblical influences as well as remnants of law systems imposed by early conquerors including the Romans, Anglo-Saxons, and Normans. Some legal scholars attribute the formation of the English common law system to King Henry II (r.1154-1189). Until the time of his reign, laws customary among England's various manorial and ecclesiastical (church) jurisdictions were administered locally. Henry II established the king's court and designated that laws were "common" to the entire English realm. The foundation of English common law is "legal precedent" - referred to as stare decisis, meaning "to stand by things decided." In the English common law system, court judges are bound in their decisions in large part by the rules and other doctrines developed - and supplemented over time - by the judges of earlier English courts. Customary Law - A type of legal system that serves as the basis of, or has influenced, the present-day laws in approximately 40 countries - mostly in Africa, but some in the Pacific islands, Europe, and the Near East. Customary law is also referred to as "primitive law," "unwritten law," "indigenous law," and "folk law." There is no single history of customary law such as that found in Roman civil law, English common law, Islamic law, or the Napoleonic Civil Code. The earliest systems of law in human society were customary, and usually developed in small agrarian and hunter-gatherer communities. As the term implies, customary law is based upon the customs of a community. Common attributes of customary legal systems are that they are seldom written down, they embody an organized set of rules regulating social relations, and they are agreed upon by members of the community. Although such law systems include sanctions for law infractions, resolution tends to be reconciliatory rather than punitive. A number of African states practiced customary law many centuries prior to colonial influences. Following colonization, such laws were written down and incorporated to varying extents into the legal systems imposed by their colonial powers. European Union Law - A sub-discipline of international law known as "supranational law" in which the rights of sovereign nations are limited in relation to one another. Also referred to as the Law of the European Union or Community Law, it is the unique and complex legal system that operates in tandem with the laws of the 27 member states of the European Union (EU). Similar to federal states, the EU legal system ensures compliance from the member states because of the Union's decentralized political nature. The European Court of Justice (ECJ), established in 1952 by the Treaty of Paris, has been largely responsible for the development of EU law. Fundamental principles of European Union law include: subsidiarity - the notion that issues be handled by the smallest, lowest, or least centralized competent authority; proportionality - the EU may only act to the extent needed to achieve its objectives; conferral - the EU is a union of member states, and all its authorities are voluntarily granted by its members; legal certainty - requires that legal rules be clear and precise; and precautionary principle - a moral and political principle stating that if an action or policy might cause severe or irreversible harm to the public or to the environment, in the absence of a scientific consensus that harm would not ensue, the burden of proof falls on those who would advocate taking the action. French Law - A type of civil law that is the legal system of France. The French system also serves as the basis for, or is mixed with, other legal systems in approximately 50 countries, notably in North Africa, the Near East, and the French territories and dependencies. French law is primarily codified or systematic written civil law. Prior to the French Revolution (1789-1799), France had no single national legal system. Laws in the northern areas of present-day France were mostly local customs based on privileges and exemptions granted by kings and feudal lords, while in the southern areas Roman law predominated. The introduction of the Napoleonic Civil Code during the reign of Napoleon I in the first decade of the 19th century brought major reforms to the French legal system, many of which remain part of France's current legal structure, though all have been extensively amended or redrafted to address a modern nation. French law distinguishes between"public law" and "private law." Public law relates to government, the French Constitution, public administration, and criminal law. Private law covers issues between private citizens or corporations. The most recent changes to the French legal system - introduced in the 1980s - were the decentralization laws, which transferred authority from centrally appointed government representatives to locally elected representatives of the people. International Law - The law of the international community, or the body of customary rules and treaty rules accepted as legally binding by states in their relations with each other. International law differs from other legal systems in that it primarily concerns sovereign political entities. There are three separate disciplines of international law: public international law, which governs the relationship between provinces and international entities and includes treaty law, law of the sea, international criminal law, and international humanitarian law; private international law, which addresses legal jurisdiction; and supranational law - a legal framework wherein countries are bound by regional agreements in which the laws of the member countries are held inapplicable when in conflict with supranational laws. At present the European Union is the only entity under a supranational legal system. The term "international law" was coined by Jeremy Bentham in 1780 in his Principles of Morals and Legislation, though laws governing relations between states have been recognized from very early times (many centuries B.C.). Modern international law developed alongside the emergence and growth of the European nation-states beginning in the early 16th century. Other factors that influenced the development of international law included the revival of legal studies, the growth of international trade, and the practice of exchanging emissaries and establishing legations. The sources of International law are set out in Article 38-1 of the Statute of the International Court of Justice within the UN Charter. Islamic Law - The most widespread type of religious law, it is the legal system enforced in over 30 countries, particularly in the Near East, but also in Central and South Asia, Africa, and Indonesia. In many countries Islamic law operates in tandem with a civil law system. Islamic law is embodied in the sharia, an Arabic word meaning"the right path." Sharia covers all aspects of public and private life and organizes them into five categories: obligatory, recommended, permitted, disliked, and forbidden. The primary sources of sharia law are the Qur'an, believed by Muslims to be the word of God revealed to the Prophet Muhammad by the angel Gabriel, and the Sunnah, the teachings of the Prophet and his works. In addition to these two primary sources, traditional Sunni Muslims recognize the consensus of Muhammad's companions and Islamic jurists on certain issues, called ijmas, and various forms of reasoning, including analogy by legal scholars, referred to as qiyas. Shia Muslims reject ijmas and qiyas as sources of sharia law. Mixed Law - Also referred to as pluralistic law, mixed law consists of elements of some or all of the other main types of legal systems - civil, common, customary, and religious. The mixed legal systems of a number of countries came about when colonial powers overlaid their own legal systems upon colonized regions but retained elements of the colonies' existing legal systems. Napoleonic Civil Code - A type of civil law, referred to as the Civil Code or Code Civil des Francais, forms part of the legal system of France, and underpins the legal systems of Bolivia, Egypt, Lebanon, Poland, and the US state of Louisiana. The Civil Code was established under Napoleon I, enacted in 1804, and officially designated the Code Napoleon in 1807. This legal system combined the Teutonic civil law tradition of the northern provinces of France with the Roman law tradition of the southern and eastern regions of the country. The Civil Code bears similarities in its arrangement to the Roman Body of Civil Law (see Civil Law above). As enacted in 1804, the Code addressed personal status, property, and the acquisition of property. Codes added over the following six years included civil procedures, commercial law, criminal law and procedures, and a penal code. Religious Law - A legal system which stems from the sacred texts of religious traditions and in most cases professes to cover all aspects of life as a seamless part of devotional obligations to a transcendent, imminent, or deep philosophical reality. Implied as the basis of religious law is the concept of unalterability, because the word of God cannot be amended or legislated against by judges or governments. However, a detailed legal system generally requires human elaboration. The main types of religious law are sharia in Islam, halakha in Judaism, and canon law in some Christian groups. Sharia is the most widespread religious legal system (see Islamic Law), and is the sole system of law for countries including Iran, the Maldives, and Saudi Arabia. No country is fully governed by halakha, but Jewish people may decide to settle disputes through Jewish courts and be bound by their rulings. Canon law is not a divine law as such because it is not found in revelation. It is viewed instead as human law inspired by the word of God and applying the demands of that revelation to the actual situation of the church. Canon law regulates the internal ordering of the Roman Catholic Church, the Eastern Orthodox Church, and the Anglican Communion. Roman Law - A type of civil law developed in ancient Rome and practiced from the time of the city's founding (traditionally 753 B.C.) until the fall of the Western Empire in the 5th century A.D. Roman law remained the legal system of the Byzantine (Eastern Empire) until the fall of Constantinople in 1453. Preserved fragments of the first legal text, known as the Law of the Twelve Tables, dating from the 5th century B.C., contained specific provisions designed to change the prevailing customary law. Early Roman law was drawn from custom and statutes; later, during the time of the empire, emperors asserted their authority as the ultimate source of law. The basis for Roman laws was the idea that the exact form - not the intention - of words or of actions produced legal consequences. It was only in the late 6th century A.D. that a comprehensive Roman code of laws was published (see Civil Law above). Roman law served as the basis of law systems developed in a number of continental European countries. Roman-Dutch Law - A type of civil law based on Roman law as applied in the Netherlands. Roman-Dutch law serves as the basis for legal