The Civil Law and Common Law Tradition in Bite Chunks

Every law student, at some point, grapples with the nuances between the world’s major legal systems. Among these, the Civil and Common Law traditions stand out as two dominant systems that have influenced jurisdictions globally. 

This article offers a deep dive into the origins, characteristics, and global influences of these two legal traditions, providing law students with a comparative lens to understand their own legal systems better.

🗒️ Answers

Origins of the Systems:

  • Civil Law: Stemming from Roman traditions, civil law was developed around 600 C.E. when Emperor Justinian began codifying legal codes. This system revolves around codified laws rather than judicial rulings[2].
  • Common Law: Originated in England during the Middle Ages and was later propagated across British colonies. Common law emphasizes legal decisions by courts, and these decisions become a vital source of law[1].

Primary Source of Law:

  • Civil Law: The main source lies in codifications or legal codes, often consolidated in a legal corpus.
  • Common Law: Judicial decisions are pivotal. Judges refer extensively to statutes, but case law remains central, allowing judges to contribute proactively to rules[2].

Role of Judges and Lawyers:

  • Civil Law: Judges play a significant investigative role, while lawyers advise clients, draft legal pleadings, and help provide evidence to the investigative judge.
  • Common Law: Judges act as arbiters in adversarial proceedings. Lawyers play a critical role in presenting their client’s case[2].

Contracts and Constitutions:

  • Civil Law: Contracts often have provisions implied by law, and the constitution is usually based on a specific code of laws.
  • Common Law: Contracts in common law countries have extensive freedom, often with no provisions implied by law. Not all common law nations have a written constitution[2].

Global Influence:

  • Civil Law: Adopted by many countries across the world, drawing from its Roman roots and European propagation.
  • Common Law: Used in countries like the USA, Canada, England, India, and Australia. They retained the tradition of common law due to their colonial ties with Britain[2].

🌐 Sources

  1. jstor.org – Evolution of International Human Rights – JSTOR
  2. un.org – International Human Rights Law: A Short History | United Nations
  3. jstor.org – Justice Lost! The Failure of International Human Rights Law
  4. cambridge.org – The Rule of Advice in International Human Rights Law
  5. cambridge.org – The Evolving International Human Rights System | American

Shared by: Jhasmin Ebrahimnia