What Are The Three Main Legal Systems International Law Essay
There are as many legislation in the world as the number of countries. They all differ from each other and have unique features suitable for the particular country ideally. However, three main legal systems, namely, Civil, Common and Religious dominate our modern world. To understand the initial difference of each legal system we have to look at the history of their development.
Historically, each country operates their own legal customs, traditions, laws and formed the legal peculiarities of the mentality, the legal culture. The legal identity of countries allows us to speak about their identity, that each of them constitutes its legal system, the set of all legal phenomena (norms, institutions, relationships, sense of justice) that exist within it (the legal system in the narrow sense). In this paper the differentiation of continental which is known as civil law and common law will be discussed.
There are several criteria for association, classification of legal systems of different countries: the generality of the genesis (origin and subsequent development). In other words, the system linked historically, have a common state-legal roots (stem from an ancient state, based on the same legal principles, principles and norms); the common principles for regulating social relations. In some countries, this idea of freedom of the subjects, their formal equality, fairness and justice, etc., in the other - theological, religious, beginning (for example, Muslim countries), in the third - the socialist, national-socialist ideas, etc.; the unity of terminology, legal categories and concepts, and techniques of exposition and systematization of the law. Related legally countries generally use identical or similar in meaning terms, because of the unity of their origin. For this reason, legislators, members of one legal system, the development of legal texts apply the same legal structure, methods of construction, legal material, to streamline, systematize.
With that in mind in science distinguish the following jurisdictions: 1) Anglo-Saxon (England, United States, Canada, Australia, New Zealand, etc.), 2) the Roman-Germanic (countries of continental Europe, Latin America, some countries in Africa, and Turkey) 3) the religious-legal (the country professing as a state religion, Islam, Hinduism, Judaism), 4) socialist (China, Vietnam, North Korea, Cuba), 5) a system of customary law (Equatorial Africa and Madagascar).
The Anglo-Saxon legal system
Formation and development of common law is associated with many historical, geographical, national, political, economic and other factors. From a historical point of view, a landmark for Britain and the Anglo-Saxon law is the period of the Norman Conquest. Until that time, there were scattered local acts, orders of kings, governing the individual questions of public life. The Romans ruled Britain for almost five centuries, could not have a decisive influence on its further legal development. Roman law did not take root and soon was superseded by local regulations. The king Henry II took part in development of Common Law in 1154 by establishing unique court system which applied to everyone and became known as common. This legal system further extended to such countries as the United State, Canada and other countries colonized by England in past.
Romano-Germanic Legal System
Romano-Germanic law arose in XII-XIII centuries. As a result of the reception of Roman law countries of continental Europe (France, Germany, Italy, Spain and
etc.). The reasons for the reception in the economic sphere were the development of trade, crafts, urban growth. Feudal rule based on the idea of vassalage and patrimonial jurisdiction, rooted in the countryside, do not conform to the principles of free government, "free" cities. They took another system of legal regulation, which is based on the idea of formal equality and independence of the participants of market relations. Such a system, the most responsive to the ideas mentioned, it was Roman law. Initially, the social basis and the scope of its use in medieval Europe was predominantly urban population, but after a few centuries, changing agricultural structure, land relations in the country originated in the cities of the legal system has become a national, continental Europe.
Differences under Common Law
Criminal cases are cases of prosecution of anyone committing a crime. Crime - an act, considered as harm to society as a whole, and not only one of its individual members. When the court or a jury decides that the defendant committed the crime, the latter may be sentenced to a fine, imprisonment or released on parole (probation). Before the accused is brought before the court, he should be charged with an indictment or an action, which is an official document accusing him of committing a crime. Prosecution or criminal proceedings undertaken by the Government on behalf of society. Initiation of criminal proceedings is not the responsibility of the victim. The object of the prosecution may not necessarily be a specific person. For example, the government has people suspected of espionage, since this kind of activity is dangerous for the country as a whole. Government is subject to arrest and prosecute people suspected of driving drunk in transport, because society believes that drinking while driving is more dangerous. It is intolerable because it can cause serious harm to innocent people.
Criminal procedure is taken through litigation process. For example, in England there was regulated by pre-trial stage of the process.
The criminal proceedings in England can serve as an example: police investigation, as known as pre-production takes first steps in criminal aspect of the law. However, the major role is played by the court of law, as compared to mainland inquiry. As regards trial, in comparison to civil procedure, there is always trial take place in criminal matters. The presumption if innocence is likely to be present. Under the Common Law, the prosecutor represents the interests of the government.
The symbol of the British process is competition. This competition exists at the pre-trial stages. English criminal process does not allow for consideration of issues connected to criminal and civil nature. A civil suit must be presented at a civil court. This allows you to get rid of the extraordinary gain for the prosecution. Thus the English criminal process in general does not allow for consideration of issues connected to criminal and civil law.
Differences under Continental Law
Continental civil-law system is characterized by a clear division of institutions into private and public. The basis of this division is based on different interests, which are private and public law. Private civil law serves the interests of individuals and is built on the principle of equality among them. In some cases, civil law allows for deviations from this principle to protect the weakest party in the civil-legal relations (e.g. consumer protection). In turn, public law serves the interests of society as a whole and its main representative - the State. These legal relationships are built on the subordination of one party to another. At present, it may be noted that within the continental system of law appear such institutions, where the rules of private and public law intersect.
In civil legal systems, according to the laws of France or Germany, which are taken as a basis for the formation of civil rights can be divided into two subsystems - the Romance and Germanic. In Roman law the subsystem is taken as the basis of the French Code of 1804 (Napoleon Code), and in Germany - Germanic Civil Code in 1896 Subsystem Romance involves the formation of the civil law section. Previously, it included rules of civil procedure, which with the development of civil relations were in a separate branch of law. Subsystem Germanic group basically had also norms of civil material and civil procedural law. In turn, civil substantive law was divided into general and special parts. With the development of economic relations of the above subsystem changes, develops and brings that led to the formation of a unified continental system of law.
The objects of civil legal relations are the tangible and intangible benefits, in respect of which any civil legal relations, there is a corresponding subjective rights and duties of the subjective. Areas of civil rights include things, including money and securities, other property, including property rights, labour and services, information, results of intellectual activities, including exclusive rights to them (intellectual property) and intangible benefits.
In this piece of work I have reviewed the main features of the most important legal systems in the world. To conclude, I certainly believe, as there is nothing perfect and there is no perfect legal system for the reason that all of them are suitable for the particular country and cannot be completely interpreted with another one. Every legal system has its own positive features and negative, consequently they cannot be overlapped. Romano-Germanic legal system has many advantages. Since it clearly codified, it is easier to work in legal practice. On the other hand, since its foundation consists of laws, it is less flexible than the Anglo-Saxon legal system, where the main role played is by precedents. However, law enforcement in this legal system rather difficult because of the haphazard and the lack of codification of the law.
Criminal and civil law is always a fundamental human rights system in the world in the fight against crime. Criminal and civil processes in continental and common law
systems are basic systems of law.