Tag: Western Europe

February 8, 2016 0

What is a legal system and how to interpret this?

By Edward Moander

To know about the full meaning of what is a legal system some further clarifications are required and some of the relevant points are discussed below.

Clarification

Civilian law or Civil law is a legal system that originated in Western Europe and further intellectualized with the help of Roman law and whose notable aspect is codification of the principles things into the referable system that caters as the basic source of the law. This may be distinguished with systems of common law whose intellectual part originates from judge-prepared decisional law that offers precedential power to court decisions of prior nature within the principle which it is not fair to deal similar issues separately on various occasions.

Historical importance

Historically, this the systems eventually obtained from the Code of Justinian and the group of legal ideas, however overlaid heavily by feudal, Germanic, canon-law and local practices and at the same time doctrinal strains like codification, legislative positivism and natural law. Theoretically, civil law goes on from abstractions, distinguishes extensive rules through procedural rules and formulates general principles.

The reason for codification is to offer all persons with written and accessible collection of the laws that are applicable to them and the same are followed by the judges. This is the most extensive system about law in the universe, prevalent in different forms in around one hundred fifty countries and heavily draws from arguably the major complicated legal system which is known about before the contemporary era. Colonial expansion popularized the civil laws that have been found in parts of Africa, Asia and Latin America. These are the things which are required to understand about what is a legal system.