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Legal systems of the world. The contemporary national legal systems are generally based on one of four major legal traditions: civil law, common law, customary law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. [1]
The primary contrast between the two systems is the role of written decisions and precedent as a source of law (one of the defining features of common law legal systems). [42] [15] While Common law systems place great weight on precedent, [90] civil law judges tend to give less weight to judicial precedent. [91]
A legal system is the system of laws governing a human society such as a nation state. The main articles for this category are Legal system and Legal systems of the world . Wikimedia Commons has media related to Legal systems .
Various different taxonomies of legal systems have been proposed, for example into families or traditions on historic and stylistic grounds. One common division is between the civil law tradition and the common law tradition, which covers most modern countries that are not governed by customary law or Islamic law or a mixed system.
The ius commune, in its historical meaning, is commonly thought of as a combination of canon law and Roman law which formed the basis of a common system of legal thought in Western Europe from the rediscovery and reception of Justinian's Digest in the 12th and 13th centuries. In addition to this definition, the term also possibly had a narrower ...
The consequence of this is that the English common law system, as opposed to the American legal system, displays a legal culture of greater prestige and elitism not only in the judiciary but also those who are candidates for the judiciary. In England, and other Commonwealth jurisdictions, barristers are apt candidates for judicial nomination.
The African law system is based on common law and civilian law. [38] Many legal systems in Africa were based on ethnic customs and traditions before colonization took over their original system. [39] The people listened to their elders and relied on them as mediators during disputes.
Civil law is a major "branch of the law", for example in common law legal systems such as those in England and Wales and in the United States, where it stands in contrast to criminal law. [ 1 ] [ 2 ] The law relating to civil wrongs and quasi-contracts is part of the civil law, [ 3 ] as is law of property (other than property-related crimes ...