Legal systems around the world fall into two broad categories – common law and civil law. While both have the same goal of providing justice to citizens, they differ in their approach, history, and implementation. In this article, we will examine the key differences between these two legal systems and understand their unique features.
The Origin of Common Law and Civil Law Systems
The common law system is derived from the English legal system that evolved over time. It is based on legal precedents set by judges who interpret laws and make decisions based on past cases. This means that judges have the power to shape the law and create new precedents that can be followed in future cases. Common law systems are usually found in countries that were once colonies of the British Empire or have a history of British influence, such as the United States, Canada, and Australia.
The civil law system, on the other hand, is derived from Roman law and is based on written codes and statutes. The laws in a civil law system are codified and are created by the legislature. Judges do not have the power to create new laws or change existing ones. Civil law systems are found in many countries in Europe, Latin America, and Asia.
The Role of Judges
In a common law system, judges play a crucial role in interpreting the law and making decisions based on past cases. They have the power to create new precedents and shape the law. This means that common law systems are more flexible and can adapt to changing social and economic conditions. Judges in common law systems are appointed for life and are expected to be independent and impartial.
In a civil law system, judges do not have the same level of power as in a common law system. They are bound by the written law and cannot create new precedents. This means that civil law systems are less flexible and may not be able to adapt to changing social and economic conditions. Judges in civil law systems are usually appointed for a fixed term and are expected to apply the law as it is written.
The Role of Lawyers
In a common law system, lawyers play a crucial role in interpreting the law and presenting their arguments to judges. They are trained to research past cases and use legal precedents to make their case. Lawyers in common law systems are usually highly specialized and are expected to have a deep understanding of the law.
In a civil law system, lawyers are expected to have a broad understanding of the law and apply it to specific cases. They are not as specialized as lawyers in common law systems and do not have the same level of influence on the law.
The Legal Process
In a common law system, the legal process is usually adversarial, with two opposing sides presenting their arguments to a judge or jury. The judge or jury then decides the outcome of the case based on the evidence presented. This means that the legal process can be lengthy and expensive, as both sides try to build a strong case.
In a civil law system, the legal process is usually inquisitorial, with the judge taking an active role in the proceedings. The judge may ask questions of both sides and may even investigate the case on their own. This means that the legal process can be quicker and less expensive, as the judge takes a more active role in deciding the outcome of the case.
Both common law and civil law systems have their unique features and strengths. While common law systems are more flexible and adaptable, civil law systems are more predictable and efficient. Understanding the differences between these two legal systems can help us appreciate the diversity of legal systems around the world and how they shape our lives.
