law, common law, civil law, legal system, civil code, legal doctrine, procedural justice, presumption of innocence, rule of law, human rights
Common law and civil law are generally considered the two major legal traditions that developed in Western societies. Common law is based on judge-made law through precedents set in past court decisions. Civil law originated in Roman law and is codified in comprehensive legal codes. Traditionally, it was believed that common law and civil law systems were very separate and distinct from one another, with little overlap or interaction. However, the perception of a stark divide between common law and civil law legal systems is often overstated. While there are differences between the two major traditions, upon closer examination they share more similarities than commonly acknowledged. Moreover, the distinction has become increasingly blurred due to cross-pollination and influence between the systems.
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[...] M. (2014). Bridging the Common Law-Civil Law Divide in Arbitration. Arbitration International, 59-65. Ginsburg, T., & Dixon, R. (2011). Comparative constitutional law. Kommers, D. P., & Miller, R. A. (2012). The Constitutional Jurisprudence of the Federal Republic of Germany : Revised and Expanded. Duke University Press. Law and Finance : Common Law and Civil Law Countries Compared An Empirical Critique GRAFF - 2008 Economica Wiley Online Library. (s. [...]
[...] The rise of statutory law in common law nations denotes a convergence with civil law methods. Another approximating characteristic is university legal education and the legal profession. Doctor of Law in common and civil jurisdictions undergo comparable academic training, typically including doctrinal examination of codes, cases and legislation. This schooling immerses future lawyers in substantive understanding of the legal system. Shared professionalization through university legal studies has fostered deeper connections between legal communities internationally. Furthermore, at their philosophical cores, civil and common law embody parallel principles of justice, due process, and fundamental rights. [...]
[...] The role ascribed to precedents also diverges between the two systems. Under the common law doctrine of stare decisis, precedents established by higher courts are considered binding on lower courts. However, in civil law jurisdictions, while precedents provide guidance, judges are not obliged to adhere to past rulings in future cases rigidly. Procedural divergences also exist. Common law employs an adversarial process wherein parties' advocates argue their positions before generally passive judges seeking to interpret precedents. By contrast, the civil law inquisitorial system allocates judges a more proactive investigative function and affords them greater freedom unrestricted by prior case outcomes. [...]
[...] National variants now fill the spectrum between putative poles of common and civil law, diversified through evolutionary cross-pollination. Contrary to rigid classifications, common law, and civil law traditions are not static archetypes but rather dynamic systems constantly adapted by internal and external forces. Both have proven highly responsive to new social, political, and economic realities over time. Legal issues like internet regulation or human rights norms pose novel challenges requiring innovative solutions absent from original frameworks. Further, domestic political influences shape point evolutions independently of external transplants. [...]
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