4. The Legal Systems Flashcards
(5 cards)
Civil Law Systems (e.g., Italy, France, Germany, Japan)
Main source: Written laws (Constitution, statutes, regulations).
Judges apply the law, not create it.
Case law has no binding power (except Constitutional Court, ECJ, and ECtHR decisions).
Legal doctrine (scholarly writing) is very influential.
Used in most of Europe, Latin America, parts of Asia and Africa.
Common Law Systems (e.g., UK, USA, Australia)
Main source: Court decisions (precedents) + statutory law.
Stare decisis: Lower courts must follow decisions of higher courts.
Judges can make law through decisions.
No full codification; laws often come in “restatements.”
Doctrine (legal scholarship) is less important.
Islamic Law Systems (e.g., Iran, Saudi Arabia)
Based on religious texts: Quran and Sunna.
Legal rulings (fatwas) from Islamic scholars (ulema) are binding.
Sharia law is state law, not just religious.
Different from Canon or Jewish Law, which are mainly internal to religious groups.
Chinese Law System
Technically a civil law system, but influenced by socialist doctrine.
No precedent system like in common law.
Some ancient Confucian norms still influence it.
Unique “Chinese way” of law.
Customary Law Systems (e.g., India, some African countries)
A hybrid system often similar to common law.
Recognizes community-based customs as legal sources.
Stare decisis often applies.
