Legal systems of the world
From Includipedia, the inclusionist encyclopedia
The three major legal systems of the world today consist of civil law, common law and religious law. However, each country (see State (law)) often develops variations on each system or incorporates many other features into the system.
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[edit] Civil law
Civil law is the most widespread system of law in the world. It is also known as European Continental law. The central source of law that is recognised as authoritative are codifications in a constitution or statute passed by legislature, to amend a code. Civil law systems mainly derive from the Roman Empire, and more particularly, the Corpus Juris Civilis issued by the Emperor Justinian ca. 529AD. This was an extensive reform of the law in the Eastern Empire, bringing it together into codified documents. Civil law today, in theory, is interpreted rather than developed or made by judges. Only legislative enactments (rather than judicial precedents) are considered legally binding. However, in reality courts do pay attention to previous decisions, especially from higher courts.
Scholars of comparative law and economists promoting the legal origins theory usually subdivide civil law into three distinct groups:
- French civil law: in France, the Benelux countries, Italy, Spain and former colonies of those countries;
- German civil law: in Germany, Austria, Croatia, Switzerland, Greece, Portugal, Turkey, Japan, South Korea and the Republic of China;
- Scandinavian civil law: in Denmark, Norway and Sweden. Finland and Iceland inherited the system from their neighbors.
A comprehensive list of countries that base their legal system on a codified civil law follows:
| Country | Description | |
|---|---|---|
| Template:Country data Albania Albania | The Civil Code of the Republic of Albania, 1991 really[1] | |
| Image:Flag of Angola.svg Angola | Based on Portuguese civil law | |
| Image:Flag of Argentina.svg Argentina | The Spanish legal tradition had a great influence on the Civil Code of Argentina, basically a work of the Argentinean jurist Dalmacio Vélez Sársfield, who dedicated five years of his life on this task. The Civil Code came into effect on January 1, 1871. Beyond the influence of the Spanish legal tradition, the Argentinian Civil Code was also inspired by the Draft of the Brazilian Civil Code, the Draft of the Spanish Civil Code of 1851, the Napoleonic code and the Chilean Civil Code. The sources of this Civil Code also include various theoretical legal works, mainly of the great French jurists of the 19th century. It was the first Civil Law that consciously adopted as its cornerstone the distinction between i. rights from obligations and ii. real property rights, thus distancing itself from the French model.
The Argentinian Civil Code was also in effect in Paraguay, as per a Paraguayan law of 1880, until the new Civil Code went in force in 1987. During the second half of the 20th century, the German legal theory became increasingly influential in Argentina. | |
| Image:Flag of Andorra.svg Andorra | Courts apply the customary laws of Andorra, supplemented with Roman law and customary Catalan law.[1] | |
| Image:Flag of Armenia.svg Armenia | ||
| Image:Flag of Aruba.svg Aruba | Based on Dutch civil law | |
| Image:Flag of Austria.svg Austria | The Allgemeines bürgerliches Gesetzbuch (ABGB) of 1811 | |
| Image:Flag of Azerbaijan.svg Azerbaijan | ||
| Image:Flag of Belarus.svg Belarus | ||
| Image:Flag of Belgium (civil).svg Belgium | Influenced by the Napoleonic Code | |
| Image:Flag of Benin.svg Benin | ||
| Image:Flag of Bolivia.svg Bolivia | Influenced by the Napoleonic Code | |
| Image:Flag of Bosnia and Herzegovina.svg Bosnia and Herzegovina | Civil Law system influenced mostly by Germanic and Austro-Hungarian law systems | |
| Template:Country data Brazil Brazil | Derived from the Portuguese civil law | |
| Image:Flag of Bulgaria.svg Bulgaria | Civil Law system influenced by Germanic and Roman law systems | |
| Image:Flag of Burkina Faso.svg Burkina Faso | ||
| Image:Flag of Burundi.svg Burundi | ||
| Image:Flag of Chad.svg Chad | ||
| Template:Country data China People's Republic of China | based on civil law system; derived from Soviet and continental civil code legal principles. | |
| Image:Flag of the Republic of the Congo.svg Republic of the Congo | ||
| Image:Flag of the Democratic Republic of the Congo.svg Democratic Republic of the Congo | ||
| Template:Country data Cote d'Ivoire Cote d'Ivoire | ||
| Image:Flag of Cambodia.svg Cambodia | ||
| Image:Flag of Cape Verde.svg Cape Verde | Based on Portuguese civil law | |
| Image:Flag of the Central African Republic.svg Central African Republic | ||
| Image:Flag of Chile.svg Chile | The Spanish legal tradition exercised an especially great influence on the civil code of Chile. On its turn, the Chilean civil code influenced to a large degree the drafting of the civil codes of other Latin-American states. For instance, the codes of Ecuador (1861) and Colombia (1873) constituted faithful reproductions of the Chilean code, but for very few exceptions. The compiler of the Civil Code of Chile, Andrés Bello, worked for its completion for almost 30 years, using elements, of the Spanish law on the one hand, and of other Western laws, especially of the French one, on the other. Indeed, it is noted that he consulted and used all of the codes that had been issued till then, starting from the era of Justinian.
The Civil Code came into effect on January 1, 1857. Its technique is regarded as perfect; it is distinguished for the clarity, logic and cohesiveness of its provisions. As mentioned by Arminjon, Nolde, and Wolff ('Traite de droit comparé', Paris, 1950-1952) Andrés Bello may be regarded as one of the great legislators of mankind. The influence of the Napoleonic code is great; it is observed however that e.g. in many provisions of property law, the solutions of the French code civil were put aside in favor of pure Roman law. | |
| Image:Flag of Colombia.svg Colombia | Civil code introduced in 1873. Nearly faithful reproduction of the Chilean civil code | |
| Image:Flag of Costa Rica.svg Costa Rica | First Civil Code (a part of the General Code or Carrillo Code) came into effect in 1841; its text was inspired by the South Peruvian Civil Code of Marshal Andres de Santa Cruz. The present Civil Code is into effect since January 1, 1888, and reveals the influenced by the Napoleonic Code and the Spanish Civil Code of 1889 (from its 1851 draft version). | |
| Image:Flag of Croatia.svg Croatia | Kazneni zakon RH- Great influence of Austro- Hungarian law system | |
| Image:Flag of Cuba.svg Cuba | Influenced by Spanish and American law with large elements of Communist legal theory. | |
| Image:Flag of the Czech Republic.svg Czech Republic | ||
| Image:Flag of Denmark.svg Denmark | Scandinavian-German civil law | |
| Image:Flag of the Dominican Republic.svg Dominican Republic | ||
| Image:Flag of Ecuador.svg Ecuador | Civil code introduced in 1861. Nearly faithful reproduction of the Chilean civil code | |
| Image:Flag of El Salvador.svg El Salvador | ||
| Image:Flag of Estonia.svg Estonia | ||
| Image:Flag of Finland.svg Finland | ||
| Template:Country data France France | Based on the Napoleonic code (code civil of 1804) | |
| Image:Flag of Equatorial Guinea.svg Equatorial Guinea | ||
| Image:Flag of Ethiopia.svg Ethiopia | ||
| Template:Country data Gabon Gabon | ||
| Template:Country data Guinea Guinea | ||
| Template:Country data Guinea-Bissau Guinea-Bissau | ||
| Template:Country data Georgia Georgia | ||
| Image:Flag of Germany.svg Germany | The Bürgerliches Gesetzbuch of 1900 ("BGB"). The BGB is influenced both by Roman and German law traditions. | |
| Image:Flag of Greece.svg Greece | The Greek civil code of 1946, highly influenced by the German civil code of 1900 (Bürgerliches Gesetzbuch); the Greek civil code replaced the Byzantine-Roman civil law in effect in Greece since its independence (Νομική Διάταξη της Ανατολικής Χέρσου Ελλάδος, Legal Provision of Eastern Mainland Greece, November 1821: 'Οι Κοινωνικοί Νόμοι των Αειμνήστων Χριστιανών Αυτοκρατόρων της Ελλάδος μόνοι ισχύουσι κατά το παρόν εις την Ανατολικήν Χέρσον Ελλάδα', 'The Social [i.e. Civil] Laws of the Dear Departed Christian Emperors of Greece [referring to the Byzantine Emperors] alone are in effect at present in Eastern Mainland Greece') | |
| Template:Country data Guatemala Guatemala | Guatemala has had three Civil Codes: the first one from 1877, a new one introduced in 1933, and the one currently in force, which was passed in 1963. This Civil Code has suffered some reforms throughout the years, as well as a few derogations relating to areas which have subsequently been regulated by newer laws, such as the Code of Commerce and the Law of the National Registry of Persons. In general, it follows the tradition of the roman-French system of civil codification.
Regarding the theory of 'sources of law' in the Guatemalan legal system, the 'Ley del Organismo Judicial' recognizes 'the law' as the main legal source (in the sense of legislative texts), although it also establishes 'jurisprudence' as a complementary source. Although jurisprudence technically refers to judicial decisions in general, in practice it tends to be confused and identified with the concept of 'legal doctrine', which is a qualified series of identical resolutions in similar cases pronounced by higher courts (the Constitutional Court acting as a 'Tribunal de Amparo', and the Supreme Court acting as a 'Tribunal de Casación') whose theses become binding for lower courts. | |
| Template:Country data Haiti Haiti | Influenced by the Napoleonic Code | |
| Template:Country data Honduras Honduras | ||
| Image:Flag of Hungary.svg Hungary | ||
| Template:Country data Iceland Iceland | Based on Germanic traditional laws and influenced by Medieval Norwegian and Danish laws. | |
| Image:Flag of Italy.svg Italy | Based on codified Roman law, with elements of the Napoleonic civil code; civil code of 1942 replaced the original one of 1865 | |
| Template:Country data Japan Japan | Modeled after European (primarily German) civil law system. Japanese civil code of 1895. | |
| Image:Flag of Latvia.svg Latvia | Largely influenced by Germany, medium influences from Russian and Soviet law. | |
| Image:Flag of Lebanon.svg Lebanon | Modeled after French civil law | |
| Image:Flag of Lithuania.svg Lithuania | Modeled after Dutch civil law | |
| Image:Flag of Luxembourg.svg Luxembourg | Influenced by the Napoleonic Code | |
| Image:Flag of Macau.svg Macau Template:Country data China (China) | Based on the Portuguese strand of the continental tradition, itself much influenced by Germany; also influenced by the law of the PRC | |
| Image:Flag of Mexico.svg Mexico | "The origins of Mexico's legal system are both ancient and classical, based on the Greek, Roman and French legal systems, and the Mexican system shares more in common with other legal systems throughout the world (especially those in Latin America and most of continental Europe)..." From: http://www.mexonline.com/lawreview.htm Jaime B. Berger Stender Attorney at Law author, Tijuana, B.C., Mexico | |
| Image:Flag of Mongolia.svg Mongolia | ||
| Image:Flag of the Netherlands.svg Netherlands | Influenced by the Napoleonic Code | |
| Template:Country data Norway Norway | Scandinavian-German civil law. King Magnus VI the Lawmender unified the regional laws into a single code of law for the whole kingdom in 1274. This was replaced by Christian V's Norwegian Code of 1687. | |
| Template:Country data Panama Panama | ||
| Template:Country data Paraguay Paraguay | The Paraguayan Civil Code in force since 1987 is largely influenced by the Napoleonic Code and the Argentinian Code | |
| Template:Country data Peru Peru | ||
| Image:Flag of Poland.svg Poland | The Polish Civil Code in force since 1965 | |
| Image:Flag of Portugal.svg Portugal | Influenced by the Napoleonic Code and later by the German Civil Law | |
| Template:Country data Taiwan Republic of China (Taiwan) | ||
| Image:Flag of Romania.svg Romania | Based on the Napoleonic Code | |
| Template:Country data Russia Russia | ||
| Image:Flag of Slovakia.svg Slovakia | ||
| Image:Flag of Slovenia.svg Slovenia | A Civil Law system influenced mostly by Germanic and Austro-Hungarian law systems | |
| Image:Flag of Spain.svg Spain | Influenced by the Napoleonic Code | |
| Image:Flag of Sweden.svg Sweden | Scandinavian-German civil law. Like all Scandinavian legal systems, it is distinguished by its traditional character and for the fact that it did not adopt elements of Roman law. It is indeed worth mentioning that it assimilated very few elements of foreign laws whatsoever. It is also interesting that the Napoleonic Code had no influence in codification of law in Scandinavia. The historical basis of the law of Sweden, just as for all Nordic countries, is the Old German law. Codification of the law started in Sweden during the 18th century, preceding the codifications of most other European countries. However, neither Sweden, nor any other Nordic state created a civil code of the kind of the Code Civil or the BGB. | |
| Template:Country data Switzerland Switzerland | The Zivilgesetzbuch of 1908 and 1912 (obligations; fifth book) | |
| Image:Flag of Turkey.svg Turkey | Modeled after the Swiss civil law (Zivilgesetzbuch) of 1907; this has been a conscious choice of Kemal Atatürk, the founder of the modern Turkish state, in order to abolish the Islamic law (Sharia), aiming at westernizing the country | |
| Image:Flag of Slovakia.svg Slovakia | ||
| Template:Country data Uruguay Uruguay | ||
| Template:Country data Vatican City Vatican City | based on principles of Code of Canon Law | |
| Template:Country data Vietnam Vietnam | Communist legal theory and French civil law |
[edit] Common law
Common law and equity are systems of law whose sources are the decisions in cases by judges. Alongside, every system will have a legislature that passes new laws and statutes, however these do not amend a collected and codified body of law. Common law comes from England and was inherited by Commonwealth of Nations countries, and almost every former colony of the British Empire (Malta being an exception). The doctrine of stare decisis or precedent by courts is the major innovation and difference to codified civil law systems.
Common law is currently in practice in Ireland, most of the United Kingdom (England and Wales and Northern Ireland), Australia, India, South Africa, Canada (excluding Quebec), Hong Kong and the United States (excluding Louisiana) and many more places. In addition to these countries, several others have adapted the common law system into a mixed system. For example, Pakistan and Nigeria operate largely on a common law system, but incorporate religious law.
In the European Union the Court of Justice takes an approach mixing civil law (based on the treaties) with an attachment to the importance of case law. One of the most fundamental documents to shape common law is Magna Carta[2] which placed limits on the power of the English Kings. It served as a kind of medieval bill of rights for the aristocracy and the judiciary who developed the law.
[edit] Religious law
Religious law refers to the notion of a religious system or document being used as a legal source. The use of religion for public law has a static and unalterable quality, precluding amendment through legislative acts of government or development through judicial precedent.
The main kinds of religious law are Halakha in Judaism, Sharia in Islam, 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 Halakha is followed by orthodox and conservative Jews in both ecclesiastical and civil relations. No country is fully governed by Halakha, but two Jewish people may decide, because of personal belief, to have a dispute heard by a Jewish court, and be bound by its rulings. Sharia Law governs a number of Islamic countries, including Saudi Arabia and Iran, though most countries use Sharia Law only as a supplement to national law. It can relate to all aspects of civil law, including property rights, contracts or public law.
Canon law is not religious law, properly speaking, because it is not found in revelation. Instead, it is seen as human law inspired by the word of God and applying the demands of that revelation to the actual situation of the church. Canon law regulates the internal ordering of the Roman Catholic Church, the Eastern Orthodox Church and the Anglican Communion. Canon law is amended and adapted by the legislative authority of the church, such as councils of bishops, single bishops for their respective sees, the Pope for the entire Catholic Church, and the British Parliament for the Church of England.
- Image:Flag of Afghanistan.svg Afghanistan
- Template:Country data Iran Iran
- Template:Country data Saudi Arabia Saudi Arabia
- Template:Country data Sudan Sudan
[edit] Pluralistic systems
[edit] Civil law and common law
| Country | Description | |
|---|---|---|
| Image:Flag of Botswana.svg Botswana | South African law (a mixed system) transferred uno acto through a proclamation of reception | |
| Image:Flag of Cameroon.svg Cameroon | ||
| Image:Flag of Cyprus.svg Cyprus | Based on English common law (Cyprus was a British colony 1878-1960), with admixtures of French and Greek civil and public law, Italian civil law, Indian contract law, Greek Orthodox canon law, Muslim religious law, and Ottoman civil law. | |
| Template:Country data Guyana Guyana | ||
| Template:Country data Israel Israel | Originally (1948) based on English common law; in the process, influenced by German civil law—for instance, between 1962 and 1981, the Knesset issued twenty (20) wide-ranging laws, which were clearly influenced by European continental law, and were in the form of codes. Religious law plays a role, especially in matters of personal status and family law, and judicial and legislative decisions take into account Jewish law (halakhah) on occasion.[3] | |
| Image:Flag of Lesotho.svg Lesotho | South African law (a mixed system) transferred uno acto through a proclamation of reception | |
| Image:Flag of Louisiana.svg Louisiana Template:Country data United States (U.S.) | Based on the French Napoleonic Code; the modern legal system of the state of Louisiana has its origin in the Louisiana Purchase (i.e. the sale of Louisiana—not coterminous with the present eponymous state—by Napoleon to the United States of America in 1803), while federal laws (based on common law) are in effect in Louisiana as well. | |
| Image:Flag of Malta.svg Malta | Initially based on Roman Law and eventually progressed to the Code de Rohan, Code Napoleon with influences from Italian Civil Law. English common law however is also a source of Maltese Law, most notably in Public Law | |
| Image:Flag of Mauritius.svg Mauritius | ||
| Image:Flag of Namibia.svg Namibia | South African law (a mixed system) transferred uno acto through a proclamation of reception | |
| Template:Country data Philippines Philippines | Based on Spanish law; influenced by U.S. common law after 1898 Spanish and Philippine-American Wars. | |
| Template:Country data Puerto Rico Puerto Rico Template:Country data United States (U.S.) | Based on Spanish law; influenced by U.S. common law after 1898 (victory of the U.S. over Spain in the Spanish-American war of 1898 and cession of Puerto Rico to the U.S.) | |
| Template:Country data Quebec Quebec Image:Flag of Canada.svg (Canada) | After the defeat of the French in the battle at the Plains of Abraham, the British allowed them to keep their language (French), their religion (Roman Catholicism), and their legal system (civil law). However, as Quebec is part of the Canadian Confederation, English-based laws applied at the federal level are in effect in Quebec also. | |
| Template:Country data Saint Lucia Saint Lucia | ||
| Template:Country data Scotland Scotland Image:Flag of the United Kingdom.svg (UK) | based on Roman and continental law, with common law elements dating back to the High Middle Ages | |
| Template:Country data Seychelles Seychelles | ||
| Template:Country data South Africa South Africa | An amalgam of English common law and Roman-Dutch civil law as well as Customary Law. | |
| Template:Country data Sri Lanka Sri Lanka | An amalgam of English common law, Roman-Dutch civil law and Customary Law | |
| Template:Country data Swaziland Swaziland | South African law (a mixed system) transferred uno acto through a proclamation of reception | |
| Template:Country data Thailand Thailand | ||
| Template:Country data Vanuatu Vanuatu | ||
| Template:Country data Zimbabwe Zimbabwe | South African law (a mixed system) transferred uno acto through a proclamation of reception |
[edit] Civil law and religious law
| Country | Description | |
|---|---|---|
| Image:Flag of Algeria.svg Algeria | ||
| Image:Flag of the Comoros.svg Comoros | ||
| Image:Flag of Djibouti.svg Djibouti | ||
| Image:Flag of Egypt.svg Egypt | Based on Islamic law and French civil law system | |
| Image:Flag of Eritrea.svg Eritrea | ||
| Template:Country data Indonesia Indonesia | Based on civil law of Holland and adat (cultural law of Indonesia) | |
| Image:Flag of Morocco.svg Morocco | Based on Islamic law and French and Spanish civil law system |
[edit] Common law and religious law
| Country | Description |
|---|---|
| Image:Flag of Bahrain.svg Bahrain | |
| Image:Flag of Bangladesh.svg Bangladesh | |
| Image:Flag of Brunei.svg Brunei | |
| Template:Country data Gambia Gambia | |
| Template:Country data India India | based on English common law, separate personal law codes apply to Muslims, Christians, and Hindus, but criminal penal law is uniform |
| Image:Flag of Malaysia.svg Malaysia | based on English common law, and sharia law applies to Muslims |
| Template:Country data Nigeria Nigeria | |
| Template:Country data Oman Oman | |
| Template:Country data Pakistan Pakistan | based on English Common Law, some Islamic Law applications in inheritance. Tribal Law in FATA |
| Template:Country data Qatar Qatar | |
| Template:Country data Singapore Singapore | based on English common law |
[edit] Systems by geography
Despite the usefulness of different classifications, every legal system has its own individual identity. Below are groups of legal systems, categorised by their geography. Click the "show" buttons on the right for the lists of countries.
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| Law of North America |
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