Global Legal Systems Overview

Legal Systems of the World

• A presentation on the classification of legal systems globally, providing a brief introduction.

Taxonomy

• Civil Law, Common Law, Customary Law, Religious Law, and Hybrid/Mixed Systems are the main categories.
• A world map was used to visually represent the distribution and prevalence of each type of legal system in various countries.
• Civil law is prevalent in approximately 150 countries worldwide.
• Common law is practiced in a third of the world's countries.

Civil Law

• Originates from Roman law, notably the Corpus Juris Civilis.
• Includes French, German, and Scandinavian/Nordic civil law systems.
• Countries that follow French civil law include France, the Benelux countries, Italy, Romania, Spain, and certain countries in Latin America, Africa, and the Middle East.
• Germany, Austria, Russia, Switzerland, Estonia, Latvia, Bosnia and Herzegovina, Croatia, Kosovo, North Macedonia, Montenegro, Slovenia, Serbia, Greece, Portugal, some East Asian nations (e.g., Japan, South Korea, Taiwan), and some African countries, including Brazil, are examples of countries with German civil law.
• Denmark, Finland, Iceland, Norway, and Sweden utilize Nordic civil law.
• Italy, Portugal, the Netherlands, Lithuania, Brazil, and Argentina have adopted or adapted the Napoleonic Civil Law system alongside German Civil Law.
  • Switzerland, following German civil law, was influenced by Turkish adoption in 1926.
• Civil law relies on codified legislation, with authoritative sources structured hierarchically.
• Judgments are binding specifically upon the involved parties.
• Civil law utilizes an inquisitorial system whereby judges actively seek truth.

Common Law

• "Common" law is used throughout the British Empire.
• The doctrine of reception is often applied, inheriting English common law.
• Canada (excluding Quebec), Australia, New Zealand, most of the United Kingdom, South Africa, Ireland, parts of India, Pakistan, Hong Kong, most of the US (excluding Louisiana and Puerto Rico), and Bangladesh are notable common law jurisdictions.
• Derived primarily from Anglo-Saxon custom.
• Equity is a key component, developed by the Court of Chancery.
• Judges' decisions form precedents. The principle of stare decisis maintains consistency in case law.
• Common law employs an adversarial system where parties present their arguments before a neutral judge. Trials often include juries.

Customary Law

• Found in Africa, some Pacific Island nations, Europe, and the Middle East.
• Based on community customs and traditions, often oral, although can be written.
• Customary Law is sometimes called "Primitive Law," "Indigenous Law," or "Folk Law."
• Approx. 40 countries use customary law.
• Focuses on reconciliation rather than punishment.

Religious Law

• Canon law, based on Christian traditions, is linked to the Holy See.
• Halakha, in Jewish tradition, applies to Orthodox and Conservative Jews.
• Sharia law (along with Fiqh) is a key element of Islamic legal traditions and is prevalent in Afghanistan, Iran, the Maldives, parts of Nigeria, Saudi Arabia, and Yemen.
• Religious laws are immutable except for adjustments within Canon law.
• Various methodologies exist in different faiths.
  • Canon law is frequently codified.
  • Halakha laws are generally fixed.
  • Sharia and Fiqh are built upon legal precedents and reasoning.

Hybrid Systems

• Observed in Scotland (combines Roman, continental, and customary Scottish law),
• Louisiana (combines civil and common law),
• and Roman-Dutch law (derived from Roman law in 17th & 18th century Netherlands) practiced in numerous countries (Guyana, South Africa, Botswana, Lesotho, Namibia, Eswatini, Zimbabwe, Sri Lanka, Indonesia, Suriname, East Timor)