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Comparative legal cultures
It has become common knowledge and practice to accept that there have grown up in the history of nation’s two great influencing systems of law, the civil law and the common law . ... Further more one accepts that civil law and the common law have anticipated each other, and therefore there lay major similarities between these two different jurisprudences.
The civil law system is an inquisitorial legal method proceeding from principle to principle, whilst the common legal system actuates from case to case. The civil law has its set roots in ancient Roman law, updated in the 6th Century A. ... The common law system began developing in England , by the time England’s parliament was established, its royal judges had already begun basing their decisions on customary law, ‘common’ to the realm. Although at this time Justinian was resurrecting law-books and with the legal system adding practice established from ecclesiastical practice , and inevitably creating a legal system on the continent, the influence was of low significance among the English continent, which was amidst constructing a flexible legal system of its own .
The common law is referred to and consists of ‘judicially decided’ law. For the most part, common law today, is still a branch of the legislative but has moved on and is highly regarded as compromising a ‘judicial role’, while the civil law system is composed of written codes and there is no official practice of case law: this factor causes many problems which become visible within the civil law, for example in France the French civil code states that the judge cannot create law , but further more the judge must resolve a dispute , and they cannot derogate. So in likeness of this code the judges have to resolve the problem and have to appear as if they are not making a new law. Whilst in comparison the common law judges can enact new law, and have oftenly been seen to do exactly this.
American law systems has been created by judicial decisions, especially in such important areas as the law of property, contracts and torts, which in civil law countries would be known as ‘private delicts’ .
Approximate Word count = 1794
Approximate Pages = 7.2
(250 words per page double spaced)
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