Difference Between Civil Law And Common Law

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Over the past century law has become crucial and important part of human life. Law has developed significantly throughout the world and continues to improve and change as a result of globalization, fast advances in technology, and the development of administrative regulations. Before continuing the essay, first of all, the notion of law should be discussed. What is law? During the decades, the legal writers have given records of law which take their focal issue the different capacities which law should perform in a general society. Raymond in his work mentions that ‘law as fundamentally a vehicle for the protection of individual rights, the attainment of justice, or economic, political, and sexual equality’ (Wacks, 2008, p3). One of the classic …show more content…

After the Norman Conquest in 1066, medieval kings started to merge control and build up new establishment of imperial power and equity. New types of legal actions set up by the crown worked through an arrangement of writs. The common law has been advanced with the help of judges, through the principle of ‘stare decisis’ (‘let the decision stand’) (Wacks, 2008, p32). Over the last century, these two main traditions have evolved significantly. Therefore, there is a diversity of distinctive features between the two systems. The clearest differentiation between civil law and common law is that civil law tradition is the system of codified law, while the common law is non-textual law, based mainly on case law. The common law and civil law frameworks are the results of two in general diverse ways to deal with the legitimate procedure. The main standards and rules of the civil traditions are contained in codes and statuses, which are connected by the courts code. Furthermore, codification which is the heart of civil law tradition guarantees logical, methodical way to deal with law (Common Law and Civil Law Traditions, 2012,

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