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Similarities and differences between common law and civil law
Civil law and common law comparison
The First Amendment and freedom of religion impact today
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In the world the legal system are based on one of three basic systems. There is Western law which is divided into civil law and common law. Then there is Religious law. Each country has its own unique legal system that they include variations of civil, common and religious law. Some have a combination of all three.
Civil Law are based on concepts, categories, and rules derived from Roman law, with some influence of canon law, sometimes largely supplemented or modified by local custom or culture. The civil law tradition, though secularized over the centuries and placing more focus on individual freedom, promotes cooperation between human beings (PAUL M. HEBERT LAW CENTER). Whereas Common law are a body of rules that delineate private rights and remedies, and govern disputes between
individuals in such areas as contracts, property, and Family Law; distinct from criminal or public law (Rogowski, Ralf). Both Types of Laws are influence by Religious law, which I would like to talk about in this paper. Europe looked to the Catholic Church to figure how to deal with legal disputes. The Church had its own set of Law and procedures to carry it out. Faith in God and his holiness will protect the innocent.
There are 3 main types of religious law. There are Sharia in Islam, Halakha in Judaism, and canon law in most Christian groups. Muslims, Jews and Hindus believe that the god(s) they worship gives them their Law. Religious Law is meant to bring human behavior into harmony with spiritual decree. Jewish law the Halakhah is the entire body of Jewish law. It governs all aspect of life in the Jewish community from food, marriage, crime, business practices and clothing. Religious law brings a community of believers willing to abide by these...
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...ow a certain religious group I do feel like their ways is effective for them. Everyone has their own beliefs, so if one feels like that is the path they want to follow, and then I don’t think anything is wrong with that system due to our first amendment. I feel religious law is a very effective and will always be here and will always be the base of new laws to come.
Work Cited Page
• "LSU Law: Civil Law: What Is the Civil Law?" LSU Law: Civil Law: What Is the Civil Law? N.p., n.d. Web. 02 Mar. 2014.
• Rogowski, Ralf. 1996. Civil Law. New York: New York Univ. Press
• Erickson, Millard J. Christian Theology. Grand Rapids, MI: Baker Book House, 1983. Print.
• "Theocracy." Merriam-Webster. Merriam-Webster, n.d. Web. 02 Mar. 2014.
• "Religious Discrimination." Religious Discrimination. N.p., n.d. Web. 03 Mar. 2014. “http://www.eeoc.gov/laws/types/religion.cfm”
Unlike today, the church had a close relationship with the State. There was practically no division between secular and state affairs. The secular law that existed during the Middle Ages in Europe stated that all crimes that were committed we...
Legal system is a comprehensive term that is used to confirm the existence of the law; it also explains the law-making process and how this is enforced on everyone. The Australian legal system regulates all level of governments, organisations, and all people whether they are Australian born or have migrated here, and they must obey Australia’s regulations. The legal system here was developed from the United Kingdom’s legal system, as Australia was a colony of the British. At a glance, the British government granted restricted rights to their colonies, including Australia to set local government system. This was intended to developed laws in local area, also to deal with specific situation at that time. As a result, the legal system in each of the colonies started to develop separately. According to Carvan J (2010) the Australian law is adopted from several sources, including the rules of equity, parliamentary laws, delegated legislations, judge-made laws, and international laws. (Austrlian Legal System, 2007)
Common Law vs. Political Law vs. Scientific Law Americans are no longer aware that there are two kinds of legal systems, political and scientific. America was founded on principles of scientific law. But these principles have now been submerged in today's legal system. What is taught today as law is political law. To understand the difference between a scientific legal system and a political one, it is necessary to know that scientific law developed in the absence of any legislature or Congress or Parliament whatever.
It is divided into 4 key areas, laws relating to personal acts of worship, laws relating to commercial dealings, laws relating to marriage and divorce and penal laws. Compared to the 10 Commandments which is concise and simple, the Sharia Law is quite extensive and goes into personal matter such as hygiene, diet, dress code and sexual matters, whereas the 10 Commandment primarily cover ways to avoid sin. The 10 Commandments and the Sharia Law both condemn idolatry, murder, adultery, theft, the intentional desire and longing for immoral sexuality and the wanting or taking of someone’s property. The Qur’an has stated multiple punishments for not following the Sharia Law, these include beheading/crucifixion (Qur’an 5:33), flogging (Qur’an 24:2) and hellfire (Qur;an 40:70-72). This is different to the 10 Commandments as there are no punishments for not following the 10 Commandments. Although the 10 Commandments and the Sharia Law are two different aspects of the ethical dimension of Catholicism and Islam, through the evaluation of those ethical rules, there are a number of similarities and difference noted which link the two religions
Nearly two millennia later, Salic law seeks to introduce a similar law code to that of Hammurabi. Religious influence binds these two legislations showing, once again, the importance of religious law. During the medieval times education and literacy took a sharp decline, leaving religious officials such as priests and monks in a state of power. Priests sought to influence kings in order to spread their faith and ensure that all people held a similar foundation in beliefs. Salic law sought to incorporate the rules of the ten commandments of Christianity and Judaism, as the foundation for this law code. This law code parallels Christian beliefs through its moral guidelines of not to kill, steal, fornicate, and be dishonest. However, unlike other law codes, Salic law does not hold any physical punishments for crimes such as murder, rather majority of the crimes ask for some sort of fine to be paid; “If any one shall have killed a free Frank, or a barbarian living under the Salic law, and it have been proved on him, he shall be sentenced to 8000 denars.” The purpose of this seems to be influenced by priests consulting with Clovis during the making of this law. Fines help build both the government and church, allowing for an increase of conversions and land to be obtained. Religious officials see Clovis as an opportunity to ensure the survival of their faith through Salic law hoping to bring unity within the nation and church. This cooperation with the church gave the monarchs the ability to keep power, making their reign a god given right. While this helps maintain power for the ruler, citizens are ostracized for disagreements with the ruler. The use of religion establishes the law’s authority, ensuring none question the decreeing of the king, unless that person wishes to be subject of
“Separation of Church and State,” is a theory derived from different parts of the constitution; primarily the first and fourteenth amendment. The first amendment states “Congress shall make no law respecting and establishment or religion or prohibiting the free exercise thereof....” The first amendment says that there can not be any laws against anyone’s individual religion. How far can we take this though? There are circumstances when you don’t want the government to intervene with your personal beliefs but is it sometimes necessary? What if there was a Satanist who believed in killing all other races. If the government was to punish them, wouldn’t that be suppressing their religious freedom? No. Sometimes different laws override the previous. For example, someone cannot practice their religion if it infringes upon another person’s rights.
Judaism vs. Christianity Judaism and Christianity developed on the basis obeying God, on adherence to his rules and intentions and their faithful fulfillment. Since the fulfillment of God’s will is a duty of a Jewish or Christian person, both religions fall into the rule-deontological category. In Judaism, God is seen as having a contractual relationship with the Jewish people where they must obey his holy laws in return for their status of the chosen people. God rewards or punishes Jewish people based on whether they obey or disobey his will. In parts of the Old Testament, however, God does show mercy or forgiveness, and in later interpretations God’s laws such as the Ten Commandments are followed not only out of loyalty to God but also because of their high moral character.
...First Amendment right of religious freedom applies not only to white, Christians, but to all ethnicities and religions. In no way has the government limited anybody’s religious opportunities. Instead, the government has given all citizens the opportunity to practice their beliefs without worry or pressures coming from one religiously dominant group. America must change with time and continue to improve with regards to its various inhabitants.
Over the years, different jurisdictions had built their specific system of rules of conduct to govern behaviour. These legal systems, influenced by historical and cultural roots, can be distinguished in two families, the Civil law and the Common law legal systems. The distinctions lies in the process in which each decision is make by the judge and on the legal sources that shapes the law. Indeed, by contrast to the Common law system, which is largely based on Precedents, meaning the decisions that have already been made by judges in similar cases, the Civil law system is based on legislator’s decisions and legal codes with which judges have to justify their judgment . Consequently, instead of referencing to concepts and rules
There are certain categories of legal tradition that differentiate by country or time. These legal traditions are shared by a certain groups of individuals or whole systems in and of themselves. In other words, you have to understand the legal tradition, and which legal system it is affiliated with, to understand the whole picture of how disputes and conflicts are handled. I think in our modern times, it would be challenging to find one legal system that is without influence from other legal systems (Different Legal Traditions, 2012). Legal traditions tend to incorporate different elements from other cultures and legal systems. Most legal traditions have derived from a common origins, similar institutions, and shared concepts from regarding
The Common Law, also known as Anglo-American Law, surfaced in England during the Middle Ages in the 14th century and was spread all over the world with the British colonies. Although England had numerous connections to the rest of Europe in those times, one thing that was not similar was the use of judicial decisions as the foundation of common law.
The meaning of English Legal System is stated out by Cownie and Bradley in the English Legal System book . There are many sources that build up the English Law as it is today. The main sources of English Law consist of Common Law, parliamentary legislation and delegated legislation. As stated in Gary Slapper & David Kelly’s English Legal System book , there are many different interpretations of the phrase ‘source of law’ where in this book the law is made up of three main sources; where in Martin Hunt’s “A” Level Law , though there are different sources that make up the English law, these sources are differentiated in two main categories with various minor sources.
The most important belief that is worthy of protection is the right to openly pray. Regardless of the faith – each religion prays or meditates to a higher being. That being said, government should not have any jurisdiction in the matter as to what god or gods a person prays. Peaceful gatherings, prayerful vigils, and religious demonstrations to protest and to support any causes must all be afforded protection under the law.
While the philosophers such as Plato were not deemed to be lawyers, their theories later set forth later developed with natural law (Riddall, pg. 59). Classical natural law theory was deemed skeptical by those believing many would value selfish means of natural desires to an extent in which others are disregarded, but philosophers such as Plato recognized the need for such principles to be moderated in order for natural responsibilities to occur a moral approach (Coleman, pg. 3). Such moderation sought by Plato was with the intent to legitimize legal orders on the account of their ethical principles. These desires or responsibilities are founded on natural, universal yearnings, demonstrating why such a foundation has proven to be so versatile in its use. The moral principles set forth through religion also played a major role in determining what was the appropriate standard as Christianity was such a dominant force in this age. This power was further applied by St Thomas Aquinas through his interpretations of living in a godly society, primarily how this involved man being at peace with one another, and allowing them to serve their religious inclinations. Aquinas favored law being for the “divine good” of society, and claimed that law that does not adhere to such principle is in fact, unjust, therefore invalid (Riddall,
Criminal and Civil Law – Criminal law is the law through which public commitment of crimes are prosecuted by governing bodies, whereas civil law is the law through which private parties may bring lawsuits against one another for real or imagined wrongdoings. E.g. criminal law would deal with the prosecution of a crime such as one person hitting another with their car, and civil law would deal with the lawsuit, as the person hit would sue the driver of the car for monetary compensation.