Of the great variety of kinds of argumentation used in the law, some are persuasive rather than strictly logical, and others exemplify different procedures in applied logic rather than the formulas of pure logic. From that point onward, a more or less continuous history of such reflection can be traced up to the present day.
Every country has its own unique legal system.
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However, we can allocate among them three main legal systems. Civil and Common Laws are the most influential legal systems in the world, especially in its Western part. All three of these legal systems have existed and developed for many centuries.
Further will follow the description of the historically appearance of each legal system separately.
Civil legal system is considered to be the oldest and the most widespread one. It also known as Continental, Roman or Romano-Germanic law. D and later developed by medieval legal scholars.
France, Germany, Japan, Russia and Uzbekistan. The Common law evolved in England since 11th century after being conquered by the Normans in A. Afterwards William I the Conqueror created central government and began to standardize the law by combining the best of Anglo-Saxon law with Norman Law which led to a creation of English Common Law.
The case law originally appeared when the King understood, that many cases, which he had to solve were similar and needed standardization. During the 14th century legal decisions on the common law started providing precedents for the judges to follow.
In Sir William Blackstone wrote Commentaries on the Laws of England, which became the basics of the most common law statutes. These are countries with common legal system: The Islamic Law is called Sharia.
Sharia covers all aspects of every day life of Muslims, including such things as: The legal systems in the World are divided into three main groups: Common, Civil and Islamic legal system, as it was discussed earlier.
According to Zweigert, K. Civil and Common legal systems have both similarities and differences. The main difference between these two legal systems is that common law in England was based on customs, the court existed a long time before there were any written laws.
At present time there are such sources of law as codes, legislation, customs, judicial decisions case lawequity and doctrinal writing.
Each legal system has several sources from those which were mentioned above. This means that codes and statutes are valued higher and case law is considered just as a secondary source of law. Equity and case law are accepted sources of law in Common law countries.
They do not exist in Civil law jurisdiction. Equity is understood not only as justice but is also considered as a set of legal principles, which are applied in Common legal system. The law is dominantly created by judge and often without checking the legislation, only by drawing analogy the previous similar cases.
This moment shows the difference of the legislators in civil law and in common law. In the civil law, judges should apply the law, which was created by the legislator, on the basis of separation of powers.
On the other hand, in common law the judge is given the power to create the law. Another difference between civil and common law system is the force of precedents.
In civil law system, the court decides the particular cases according to the legislation and legal norms.Nowadays every legal system wants to achieve justice.
Different legal traditions in the world have given a different meaning of this concept by following one of the two legal systems: a civil law system and a common law system. AI and Law: A fruitful synergy.
Edwina L. Rissland a, Kevin D. Ashley b, R.
P. Loui c. a Department of Computer Science. University of Massachusetts at Amhent. Amhent. MA , USA b Graduate Program in lntelligelll Systems and School of Law.
University of Pittsburgh. Pittsburgh. Civil (Continental) Law is a modern legal system originated by Roman law especially the system is derived from Code of Justinian, (during the Middle Ages the emperor Justinian played an important role on the development of the Civil Law System) as later developed by legal scholars later.
Common Law and Civil Law Essay of criminal law and civil law in relation to the legal system and analyse the purpose of the law.
Criminal law is the body of law that relates to crime. The Continental and Civil Law Legal Systems can be truly considered to be the most prominent legal systems in the world which laid a foundation for legislation in many countries.
Although, nowadays it can be quite difficult to find a distinguished boundary between Continental and Common Law Legal. Topic 1: Distinguish between the role of criminal law and civil law in relation to the legal system and analyse the purpose of the law.
Criminal law is the body of law .