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Difference Between Common Law System and Civil Law System
There are different Law Systems prevalent across the world which determine and set the essence, procedure and rules of the entire legal system of a country to complement its political-social-economic circumstances and to achieve its ideals. The Common Law System and Civil Law System are the widely prominent and prevalent traditions of the times which dominate the present legal structures of almost all the nations across territories.
These traditions define the sources of laws and rules which govern the rights, duties and liabilities of people in a definite setting while also providing procedures and methods of their exercise.
What is the meaning of Common Law System?
The Common Law System emerged during the middle ages in England and was made applicable to all its colonies from the prevalent customs and traditions of British society. The Common Law System is usually defined as a judge made law because laws were made and evolved from the decisions of judges pronounced while deciding a dispute in the court.
And, these decided principles were further followed and applied in the similar pattern which resulted in establishing them as laws. Further, the common law is generally uncodified as laws were not made by legislature through statutory enactments instead the tradition of precedent was practiced and records of court decisions were maintained. Likewise, as laws evolved during court trials hence, the adversary system of trial also became a major part of Common Law.
What is the meaning of Civil Law System?
The Civil Law System developed in the continental Europe during the middle centuries and was also applied to European colonies. The Civil Law was developed by academicians initially and thereafter by legislators as they sought to compile the legal principles which can govern almost all the possible common situations through the method of codification and statutory enactments.
Thus, their emphasis was on development of precise procedural and substantive laws for a country based on its social and political demands. Further, as the legal principles were structured in a systematic manner by a comprehensive and rigorous process therefore, the laws were more specific about the procedure and conduct instead of outcomes.
Difference Between Common Law System and Civil Law System?
The table provided below demarcates the vital differences between the Common Law System and the Civil Law System −
Basis |
Common Law System |
Civil Law System |
|---|---|---|
Definition |
The Common Law System was a judge made law as it evolved from the decisions of judges. |
The Civil Law System was a body of civil laws as it was developed through compilation of Roman Law. |
Existence |
Prevalent laws largely remained uncodified in the Common Law System as laws were not enacted instead derived from court decisions. |
Laws were codified in the Civil Law System as they were made by legislators. |
Principle |
The tradition of precedent was followed as judicial decisions were considered binding in future cases of the same manner. |
The practice of legislation was observed as all the prevalent laws were codified and enacted by the government through statutes. |
Amendment |
The laws stand changed when decisions of the courts were overruled or altered by a superior court based on reason and necessity. |
The laws as codified in enactments were updated and upgraded by the enacting authority as per the demand of the situation. |
Court Procedure |
Common Law developed mainly on the lines of adversarial system of trial wherein both the parties stand opposite to each other while denying the rights and liabilities in total. |
Civil Law was advanced by the inquisitorial system which imposed a duty on the judge to make the parties reach a settlement in accordance with the settled rules. |
Role Of Judge |
The judge was a crucial part of the entire system as he or she was the one who would decide the matter and establish a legal principle; however, the duty was only at the time of conclusion of trial as during the proceedings he or she was expected to act like an umpire only. |
The Judge formed a vital element of the entire procedure in the court and known as investigators as he or she was responsible to supervise the entire proceedings in order to establish the facts of the case and to apply provisions for determining the rights of the parties against each other. |
Position Of Lawyers |
Lawyers play a prominent role in the Common Law System as not only they advise and represent their clients but also make presentations before the court while submitting written drafts as well. |
Lawyers have a less-decisive role in the Civil Law System as despite the fact that they advise and prepare legal pleadings for their clients however; they do not play any role in the proceedings in court. |
Genesis |
The Common Law System is the genesis to the concept of writs and courts of equity. |
The Civil Law System introduced the genus and gamut substantive, procedural and penal laws. |
Countries |
United Kingdom; United States of America; India; Canada. |
China; Japan; Germany; France; Spain. |
Other Names |
English Legal System. |
Roman-Germanic Legal System. |
Conclusion
The Common Law System and Civil Law System are the widely prominent legal traditions which are prevalent across the world for numerous centuries as directing the governing rules and procedure of the legal system of nations for the administration of justice in its entirety. Further despite their inherent distinct features, both the systems are collectively used and applied in contemporary times to deal with unforeseeable circumstances.
Frequently Asked Questions
Is India governed by common law or civil law?
The fact that the contracts are governed by the parties is a feature of common law, but the requirement of comprehensive compliance with the Indian Contract Act is a feature of civil law. As a result, it is possible to conclude that India is a Common Law country with traces of Civil Law in it.
How is civil law different from common law in jurisprudence?
Common laws also demonstrate the rationale for enacting new legislation. In contrast to civil law, the objective of common law is to generate consistent results by adopting the same definition rules. In other circumstances, precedent is determined by the case-by-case methods of specific jurisdictions.
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