Difference Between Common Law and Civil Law in Detail
Common Law vs Civil Law
Common law and civil law are two distinct legal systems that are used in different parts of the world. Here are the key differences between the two:
Origins
Common law:
Common law is a legal system that developed in England and is based on judicial decisions and precedent rather than on written laws or codes.
Civil law:
Civil law originated in ancient Rome and is based on written codes and statutes.
Sources of Law
Common law:
Common law is based on judicial decisions and precedent, and the decisions of higher courts are binding on lower courts.
Civil law:
Civil law is based on written codes and statutes, and judges interpret the law according to these codes.
Role of Judges
Common law:
Judges in common law systems play a significant role in interpreting the law and developing legal precedent through their decisions.
Civil law:
In civil law systems, judges are more limited in their role and mainly apply the law as written in the codes and statutes.
Legal Procedure
Common law:
Common law systems have an adversarial legal procedure, in which the two sides of a case present their arguments and evidence to a judge or jury, who then makes a decision.
Civil law:
Civil law systems have an inquisitorial legal procedure, in which a judge or panel of judges investigates the case and seeks to discover the truth.
Case Law
Common law:
Common law systems rely heavily on case law, which is the body of legal precedent created by judges through their decisions in previous cases.
Civil law:
Civil law systems have less emphasis on case law and rely more on written codes and statutes.
Flexibility
Common law:
Common law systems are more flexible and adaptable than civil law systems, as the law can evolve and change through judicial decisions.
Civil law:
Civil law systems are generally more rigid and less adaptable than common law systems, as the law is based on written codes and statutes that are more difficult to change.
Countries that Use Them
Common law: Common law is used in countries such as the United States, United Kingdom, Canada, Australia, and New Zealand.
Civil law:
Civil law is used in countries such as France, Germany, Spain, and Japan.
Summary
In summary, common law and civil law are two different legal systems with distinct origins, sources of law, roles of judges, legal procedures, reliance on case law, flexibility, and countries that use them.