Miss
Legal English - 2011/2012
Common Law vs Civil Law
Tradition Roman law Legislation Court decisions
Napoleonic Code
Case law
Continental Europe
Custom
British
Commonwealth
Codes
Precedent
Statutory law
Common Law
Tradition Custom Precedent
Court decisions
Case Law British Commonwealth
Civil Law
Roman Law Napoleonic Code Legislation
Codes
Statutory law Continental Europe
Which Jurisdictions around the world use
which body of law? What do you know about the histories of the two bodies? What is the primary source of laws under each body? Are there any jurisdictions which use a different body of law?
Which Jurisdictions around the world use which body of law?
Common Law is used in England, Wales and
Northern Ireland, most of the USA (except Louisiana) and most of the former British Empire/Commonwealth
Civil Law is used in most of continental
Europe. Much of the rest of the world uses either civil law or a mixture.
What do you know about the histories of the two bodies?
Common Law originated in England.
It was institutionalized by King Henry II, who created a unified system of law which was “common” to the country.
Civil Law is based on Roman Law, especially
Emperor Justinian’s Corpus Juris Civilis.
What is the primary source of laws under each body?
Under Civil Law, they come from legislation.
Courts base their decisions on codes and statutes.
Under Common Law, they are based
primarily on customs, usage and court decisions. Of course, some laws come from legislation, but such laws are seen as incursions into the common law.
Are there any jurisdictions which use a different body of law?
There are many jurisdictions which use a
mixture, including mixtures of common or civil law with Islamic (Sharia) law or customary law.
Which system do they use in….
Spain Wales Brazil Hungary Ireland