Legal Families & Charact's of Civil Law & C/L
- Codified v. Uncodified
- Uncodified if not have civil code as center 4
all other leg.
- Franco -Roman
- No comprehensive code but smaller scale codes
- Transf. piece of leg. 2 each country 4 busi.
- Sweden most imp.
- Three stt's like Const.
- Instrument of govt
- Act of succession 4 King
- Act 4 free press
- Takes complaints & watches govt 4 parliament,
competition, & free press
- C /L
- Countries such as US, Eng., Australia, Etc.
- Soc. Countries
- Govt reg's all
- Civil law & codification influences
- Relig. / Islamic
- Countries such as Iran, Arabs, & Former French
- Law based on Koran / revelation not rsn
- Tribes in Africa
- Asia where introd. W law on surface but follow
trad. of own law
- Jap. took Germ. codes but ord. cit. still take
prob. 2 elders
- Criteria 2 Disting. Families
- Origins of Law
- Org. of Law
- Style of Legal Sys.
- Historical devt
- Peculiar charact's
- French w/brief cods
- Islam where Khadi talks 2 God 2 dec. cases
- Source of legal devt / ideology
- Indiv's autonomy
- Relig. origin
- Dif. Approaches
- Prof'l so law on top of politics
- Polit. interference
Charact's of C/L & Civil Law
- Civil Law
- Rule Oriented
- Codes & Gen. Concepts
- Abstract gen. lang. in codes 2 go beyond partic.
- Sys. approach w/concept of person, things, axn,
- Gaps in codes filled by local customs / unwritten
- Judges Interp. Law
- No legal oblgn 2 follow precedents but gen'ly
- Start w/codes & only bring in cases 2 interp.
- Codes R gen. so can go beyond positive law
- Commentaries 4 Sections
- Look @ treatises, textbks, & commentaries
2 dec. cases
- History of Codification in Euro.
- In 17th & 18th Cent.
- Scholars adopted & modernize Roman law by
- Enlightenment of 19th Cent.
- Codification w/rsn & Roman law
- Parliament passed leg. & judges only interp.
- Unification & Harmonization of Euro. After
- World Cong. in 1900
- Unify busi. law
- C /L
- Fact Oriented
- Jud'al dec's R law in itself
- Dec. partic. case by specif. facts
- Judges legally bound 2 follow precedents &
have stare decisis
- Self imposed restraint
- Judges still give other rsns 4 dec'ing case anyway
- Stt's / Codes
- Specif. 2 fill gaps in cases 4 remedy approach
- Used 2 connect 2 cases
- Strict construction of stt's b/c judges got pwr
- History of Precedent Doctrine
- In early 19th cent., judges made this doc. b/c
didn't want leg'ors in Eng. 2 have pwr
- Same X as Enlightenment, so tried 2 make law
- Mixed Jxn's
- British Guyana
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Law School Notes
Ms. Haeji Hong