| Legal System |
Article Index for Legal System |
Website Links For Legal |
Information AboutLegal System |
| CATEGORIES ABOUT LEGAL SYSTEMS OF THE WORLD | |
| legal systems | |
|
The three major legal systems of the world today consist of Civil Law , Common Law and Religious Law . However, each country (see State (law) ) often develops variations on each system or incorporates many other features into the system. CIVIL LAW See Also: Civil law (legal system) a Code Of Law ]] Civil law is the most widespread system of Law in the world. It is also known as European Continental law. The central source of law that is recognised as authoritative are Codification s in a Constitution or Statute passed by Legislature , to amend a code. Civil law systems mainly derive from the Roman Empire , and more particularly, the '' Corpus Juris Civilis '' issued by the Emperor Justinian ca. 529AD. This was an extensive reform of the law in the Eastern Empire , bringing it together into codified documents. Civil law today, in theory, is interpreted rather than developed or made by judges. Only Legislative enactments (rather than Judicial Precedent s) are considered legally binding. However, in reality courts do pay attention to previous decisions, especially from higher courts. Scholars of Comparative Law and economists promoting the Legal Origins Theory usually subdivide civil law into three distinct groups:
A comprehensive list of countries that base their legal system on a Codified civil law follows: COMMON LAW See Also: Common law Common law and Equity are systems of law whose sources are the decisions in cases by Judge s. Alongside, every system will have a Legislature that passes new laws and statutes, however these do not amend a collected and codified body of law. Common law comes from England and was inherited by Commonwealth Of Nations countries, and almost every former colony of the British Empire ( Malta and Scotland being exceptions). The doctrine of '' Stare Decisis '' or ''precedent by courts'' is the major innovation and difference to codified civil law systems. Common law is currently in practice in Ireland , United Kingdom (excluding Scotland), Australia , India , South Africa , Canada (excluding Quebec), Hong Kong and the United States (excluding Louisiana) and many more places. In addition to these countries, several others have adapted the common law system into a mixed system. For example, Pakistan , India and Nigeria operate largely on a common law system, but incorporate religious law. In the European Union the Court Of Justice takes an approach mixing civil law (based on the treaties) with an attachment to the importance of Case Law . One of the most fundamental documents to shape common law is the Magna Carta 1 which placed limits on the power of the English Kings. It served as a kind of medieval bill of rights for the aristocracy and the judiciary who developed the law. RELIGIOUS LAW See Also: Religious law Religious law refers to the notion of a religious system or document being used as a legal source. The use of religion for public law has a static and unalterable quality, precluding amendment through legislative acts of government or development through judicial precedent. The main kinds of religious law are Halakha in Judaism , Sharia in Islam , and Canon Law in some Christian groups. In some cases these are intended purely as individual Moral guidance, whereas in other cases they are intended and may be used as the basis for a country's legal system. The Halakha is followed by Orthodox and Conservative Jews in both ecclesiastical and civil relations. No country is fully governed by Halakha, but two Jewish people may decide, because of personal belief, to have a dispute heard by a Jewish court, and be bound by its rulings. 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 or public law. Canon Law is not religious law, properly speaking, because it is not found in revelation. Instead, it is seen as human law inspired by the Word Of God and applying the demands of that revelation to the actual sitation of the church. Canon law regulates the internal ordering of the Roman Catholic Church , the Eastern Orthodox Church and the Anglican Communion . Canon law is amended and adapted by the legislative authority of the church, such as councils of bishops, single bishops for their respective sees, the Pope for the entire Catholic Church, and the British Parliament for the Church of England. PLURALISTIC SYSTEMS Civil law and common law Civil law and religious law Common law and religious law SYSTEMS BY GEOGRAPHY Despite the usefulness of different classifications, every legal system has its own individual identity. Below are groups of legal systems, categorised by their Geography . Click the "show" buttons on the right for the lists of countries. SEE ALSO EXTERNAL LINKS
REFERENCES
|
|
|