Keith Mack
The legal system is made up of seven primary types of law that form the basis for our understanding and application of justice. These seven types of law are common to all law codes and are as follows: constitution law, statutory law, common or case law, civil law, criminal law, equity law, and administrative law. While civil law and common law systems are the most widespread in the world, there are also religious law systems, customary law systems, and religious law systems.
| Characteristics | Values |
|---|---|
| Most prevalent legal systems | Common law and civil law |
| Common law definition | A "body of law" based on court decisions rather than codes or statutes |
| Civil law definition | Comprehensive legal codes that contain all laws for the country |
| Common law example | The US legal system and other legal systems that emanate from British rule |
| Civil law example | Most of Europe and South America |
| Common law benefit | Stability and consistency |
| Civil law benefit | Clear rules for judges to rule on specific disputes |
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What You'll Learn
- Common law systems are based on caselaw and legal precedent, not codes or statutes
- Civil law systems rely on comprehensive legal codes that contain all laws for a country
- Religious law systems use religious texts as their primary basis
- Customary law systems are based on long-standing traditions in a particular community
- Common law is flexible, as higher courts can overrule prior decisions
Common law systems are based on caselaw and legal precedent, not codes or statutes
The two primary legal systems used globally are common law systems and civil law systems. Common law, also known as case law, is a body of unwritten laws based on previous court rulings and legal precedent. It is prevalent in countries with a legal system rooted in English traditions, such as the United States, Canada, and Australia.
In contrast, civil law systems, which originated in mainland Europe, centre around a comprehensive code of statutes that outline procedures and punishments for various offences. Civil law codes are regularly updated to create order and reduce bias in the application of laws. While civil law countries increasingly consider jurisprudence, similar to case law but non-binding, common law countries are also giving more weight to statutes and codes.
Common law is flexible as it can adapt to societal changes without requiring lawmakers to pass new statutes or codes. Higher courts can overrule prior decisions as "bad law" without legislative intervention. Common law systems also tend to emphasise the separation of powers between the judicial and executive branches.
The seven primary types of law that form the basis of justice include constitutional law, statutory law, common or case law, civil law, criminal law, equity law, and administrative law. Constitutional law is the supreme body of law, establishing fundamental principles and rules and serving as the foundation for all other laws. Statutory law, or legislative law, comprises written laws enacted by legislative bodies to regulate society.
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Civil law systems rely on comprehensive legal codes that contain all laws for a country
Civil law and common law are the two most widely used legal systems in the world. Civil law, which originated in mainland Europe, is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated in the 19th century, most notably with France's Napoleonic Code and Germany's Bürgerliches Gesetzbuch. It is currently practiced in about 150 countries. Civil law systems rely on comprehensive legal codes that contain all laws for a country. These codes are usually more extensive and detailed than in common law systems. They centre around a comprehensive code of statutes that clearly outlines everything from the procedures for handling claims to the punishment for offences. Civil law is codified and relies on a comprehensive set of statutes, regulations, and codes that outline the rights and obligations of the parties involved.
Common law, on the other hand, is a body of law based on court decisions rather than codes or statutes. It originated in medieval England and is prevalent in countries with a legal system rooted in English traditions, such as the United States, Canada, Australia, and other former British colonies or protectorates. Common law systems rely on caselaw and legal precedent to guide their decisions. In common law systems, judicial decisions are binding and can only be overturned by the same court or through legislation. They are described as more flexible than civil law systems since they can respond to changes in society. For instance, higher courts can overrule prior decisions as "bad law" without waiting for lawmakers to do it.
While civil law systems have clear rules for how judges need to rule for many specific disputes, common law promotes stability and consistency because everyone involved knows that the ultimate outcome will be based on previous caselaw and not on subjective, personal viewpoints. Additionally, court proceedings in common law systems can be shorter, saving time and money. In civil law jurisdictions, unless the contract specifies that the parties have agreed to arbitration, the contract will be enforced by the administrative courts.
There are seven primary types of law that form the basis for our understanding and application of justice: constitution, statutory law, common or case law, civil law, criminal law, equity law, and administrative law.
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Religious law systems use religious texts as their primary basis
Religious law systems are based on religious texts and practices, and they offer guidance for both spiritual and temporal obligations. There are 36 nations that have a religious or mixed religious legal system, and 41 nations have customary systems of law that may include religious elements. Religious legal systems are adopted in their entirety by the state, in part, or permitted for a minority group to use alongside secular laws.
Israel also uses some religious laws and courts to determine cases. Religious courts in Israel include Jewish rabbinical courts, Islamic sharia courts, Druze religious courts, and ecclesiastical courts of the 10 recognized Christian communities. These courts are limited to specific issues of family law, and a secular court system decides all other matters.
Hindu law is derived from Hindu texts such as the Vedas, Upanishads, Dharmashastras, Puranas, Itihasas, Dharmasutras, Grihya Sutras, Arthashastra, and Niti Shastras.
Baháʼí laws are ordinances used in the Baháʼí Faith and are fundamental to Baháʼí practice. These laws are based on texts from Bahá'u'lláh, the founder of the Baháʼí Faith, interpretations from `Abdu'l-Bahá and Shoghi Effendi, and legislation by the Universal House of Justice.
Within the framework of Christianity, there are several possible definitions for religious law. One is the Mosaic Law (from the Old Testament), also called divine law or biblical law. The most famous example is the Ten Commandments.
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Customary law systems are based on long-standing traditions in a particular community
Customary law systems can be observed in various places around the world. For instance, the legal system in Guernsey, one of the Channel Islands off the coast of England, is derived from the medieval power of the monarch, the Duke of Normandy. Guernsey's legal system is influenced by the ancient duchy law of Normandy, English common law, and modern statutory law enacted by the island's elected legislature. The island enjoys significant autonomy over its internal affairs and relies on ancient customary laws, with elected bailiffs and jurats making decisions.
Another example is the growing recognition of tribal autonomy and customary legal systems, such as the Maori customary law in New Zealand. Additionally, in the United States, customary laws may be used in tribal matters on tribal lands recognised by the government. Furthermore, in Jersey, an island near the coast of northwest France, custom is a source of law in many civil cases, including contract and tort law. The statute of limitations in commercial disputes is often influenced by a blend of customary law and case law.
Customary law systems also exist in other parts of the world. For instance, in Zambia, local chiefs administer traditional courts that handle criminal cases at the local level. The Lands Act of 1995 empowers these chiefs to allocate land to their subjects and impose conditions on its use. Similarly, in Jordan, the legal system combines civil law with customary laws, and in Andorra, courts apply the customary laws of Andorra and Catalonia alongside their civil codes.
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Common law is flexible, as higher courts can overrule prior decisions
The seven primary types of law that form the basis for our understanding and application of justice are:
- Constitution
- Statutory Law
- Common Law
- Civil Law
- Criminal Law
- Equity Law
- Administrative Law
Common law is a body of law based on court decisions rather than codes or statutes. It is deeply rooted in stare decisis, a Latin phrase that means "to stand by things decided". In practice, this means that courts and judges need to follow earlier decisions and rulings, also known as caselaw, when dealing with similar cases later.
Common law is also known for its flexibility, as it can respond to changes in society. It is adaptable to unforeseen situations, as it can address scenarios not originally predicted by lawmakers. In common law systems, higher courts can overrule prior decisions as "bad law" without waiting for lawmakers to do it for them. This is because common law courts are not absolutely bound by precedent. They can reinterpret and revise the law without legislative intervention to adapt to new trends in political, legal, and social philosophy. This flexibility can encourage good judgement, as in the case of R (Soma Oil and Gas Ltd) v Director of the SFO, where the judge considered the economic consequences of a judgement that put legal principle before pragmatism.
The flexibility of common law is in contrast to civil law systems, which rely on comprehensive legal codes that contain all the laws for the country. In civil law systems, judges are rarely bound to follow precedent, and court decisions are only binding on the parties to the case. Civil law systems have clear rules for how judges need to rule in specific disputes, which can provide stability and consistency.
Common law systems, on the other hand, promote stability and consistency because everyone involved knows that the ultimate outcome will be based on previous caselaw rather than subjective, personal viewpoints. Common law also allows for efficiency, as judges need only follow precedent when making decisions, which can save time and money.
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