Answer the following questions using the information from the text. 1. What is the main difference between civil law and common law?
2. What is the authoritative source of civil law?
3. What laws was civil law influenced by?
4. What is the role of judges in the common law system?
5. What does the term “stare decisis” mean?
6. What are the main kinds of religious law?
7. What example of a hybrid legal system was mentioned in the text? What is its essence?
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The legal systems of the world today are generally based on one of three basic systems: civil law, common law and religious law – or combinations of these. However, the legal system of each country depends on its unique history.
Civil law is the most widespread system of law around the world. It is also sometimes known as Continental European law. The central source of this law that is recognized as authoritative is codifications in a constitution or statute passed by a legislature.
Civil law systems mainly derive from the Roman Empire, and more particularly, the Corpus Juris Civilis* (529 AD). 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 made by judges. Only legislative enactments are considered legally binding.
Common law and equity are systems of law whose sources are the decisions made by judges (legal precedents). Under the commonlaw sys tem, when a court decides and reports its decision concerning a particular case, the case becomes part of the body of law and can be used in later cases involving similar matters. This use of precedents is known as stare decisis. Common law has been administered in the courts of England since the Middle Ages; it is also found in the U.S. and in most countries of the British Commonwealth. Every common law system will also have a legis lature that passes new laws and statutes.
The main kinds of religious law are Sharia** in Islam, Halakha*** in Judaism, 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 most prominent example of a hybrid legal system is the Indian legal system. India follows a mixture of civil, common law and customary or religious law. Decisions by the Supreme Court of India and High Courts are binding on the lower courts. Further, most of the laws are statutory and it also has a constitution which signifies the civil nature of law in India.
