Introduction to the World legal system.
Welcome to the first lesson of the World legal system. This is an overview of the world legal system. We will consider some Glimpse from history of the law, and look at what it means to say that We have some major legal system in this World . We will also explore some important themes in all law system of the world.
1.1 What Is Law?
Law is a word that means different things at different times. Black’s Law Dictionary says that law is
“a body of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequence is a law.
(”Black’s Law Dictionary, 6th ed., s.v. “law.”)
1.2 Definition of Law
It is a system of rules created and enforced by the State through Different institutions like Governmental or Social etc.
"Law is the king of all ,both mortal and immortal"
(Pindar )
According to Sir Justinian
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Law is the king of all ,both mortal and immortal affairs, which ought to be a chief, and standard of what is just and unjust, commander of what should be done and forbidden of what they shouldn't do.
What Is a Legal System?
law and the legal system function as both a method of social control and a means of dispute settlement.
Legal system refers to a procedure or process for interpreting and enforcing the law. It elaborates the rights and responsibilities in a variety of ways.
Meaning:-
The legal system of any country can be described as the set of rules of substance and procedure as well as the institutions relating to the governance of social behaviour and
resolution of disputes which arise in the process.
Definition:-
"A designed institutional framework for a free society, pertaining to a procedure or process for interpreting and enforcing the law"
Every legal system consists of certain rules determining the establishment of new law and disappearance of the old Law in the Contextual needs of the Society.
Types:
There are Six main legal systems in the modern world:
- Common Law
- Civil Law
- Religious Law
- Customary Law
- Socialist legal system
- Legal pluralism
Note:- As the world becomes more interdependent, a New category of legal systems has developed The hybrid legal system which is a legal system that is a combination of two or more legal systems.
Common Law
Origin:
• Originated in 1066 AD after the Norman conquest of England (King’s Court and rule
of precedent)
Note:-Precedent is a judicial opinion that is considered legal authority for future cases involving the same or similar questions of law
• Later adopted in other countries of the British Commonwealth
• Based on the English system of Law
Meaning:
• Stare Decisis (the decision stands) – the doctrine under which a court is bound to
follow previous decisions.
• Doctrine of Precedent
Traits:
• Uncodified
• Based on precedent
• Judge is impartial
• Adversarial
• Case law
Influence: Around 80 countries today (Australia, USA, England, India, Canada, etc.)
Civil Law
Origin:
It developed in Europe And Origin is based on Roman Law, as codified by the influence of Emperor Justinian.
It's also called code systems because all the legal rules are in one or more comprehensive legislative enactments
Meaning:-
- Statutes or doctrines are the fundamental sources of law
- Civil Code of Napoleon (1804), the German Civil Code (1900) are examples of modified Roman Law
Traits
Inquisitorial system
Judge is more actively involved
Codified framework
The law is in the code, not in the cases
The legislature, not the courts, is the primary place to enact and modify laws.
Influence: 150 countries (France, Germany, Italy, Switzerland, Brazil, Mexico, China,
Russia, Japan, Spain, etc.)
Religious Law
Origin:
• Derived from ancient religious text, traditions or doctrines
•and usually apply to all aspects of life, including social and business relations.
Meaning:
• Religious law originates from a deity or divine source rather than directly from people
or a Government, e.g. Qur’an for Islamic Law.
Four common religious laws:
• Islamic Law (Sharia)
• Canon Law
• Hindu Law
• Jewish Law (Talmudic or Judaism/Halaka)
Traits:-
•a religious document is used as a primary legal source
•The Islamic legal system (Sharia) with Islamic jurisprudence (Fiqh) is the most widely used religious legal system in the world
Customary Law
Origin:
- Acknowledgement of unwritten rules, based on long standing customs.
- Governs very few legal systems today, more commonly they incorporate customary law into another system, e.g. Africa.
Communist And Socialist Legal Systems
Origin:-
Socialist law originated in Russia after Russian Revolution in 1917.
Meaning
This differ significantly from traditional civil law systems
It's amalgamation of
- Civil law system
- Marxists -Leninist ideology
Traits:-
In a communist or socialist legal system, the nation has a code but most property is owned by the government.
the judiciary is subservient to the Communist party and is not an independent branch of government
•no Pvt ownership only State ownership
•ensuring an economic collectivisation
•politocal omnipotence of Communist party
Influence:-
China,Cuba, Vietnam.
Hybrid Law Systems
combination of two or more legal systems within a nation
Meaning :-
Existence of multiple legal systems within
- one population
- Geographic area
•India is a classic example of a nation with a hybrid legal system.
1- India has a common law legal system, which recognizes the power of the Supreme Court and High Courts to make binding judicial decisions as a form of precedent
2-India has separate personal codes that apply to Muslims, Christians, and Hinduism.
Conclusion:-
Every nation/state has a distinct legal system of its own. However, most of the
legal systems around the world today have their own roots in two great legal systems:
the civil law and the common law. On the other hand, Roman law as basic legal system
provides a foundation the establishment of civil law and give some influences in the
making of the common law.
Legal system includes the underlined social values and attitudes which affect the operations of such values. To sum up
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A legal system is a living organism; it breathes , it grows, it evolves, it is part to the life of the people for whom itfunctions.
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