Legal program originating in Europe whose most prevalent feature is that its core principles are codified into a referable program which serves as the main source of law. Even if this is so, civil law was typically the legal system in place ahead of the rise of socialist law, and some Eastern European countries reverted to the pre-Socialist civil law following the fall of socialism, when other people continued working with their socialist legal systems. The excellent strengths of common law and civil code law – and some modern brands of Islamic law – are that they transform by way of application and correction at the hands of the folks themselves – people involved in court instances in common law and by means of the democratic method of legislation in the case of civil code law.
The reality that their laws lacked provision for the individual to challenge the state meant they could in no way evolve. These are civil law – which we will refer to as the civil code method to stay away from confusion with the civil/criminal legal distinction below common law – religious law and totalitarian law. The civil code or civil law system is also referred to as by other names such as Roman law, Continental law or Napoleonic law.
Canadian federal law in force in Quebec is based on common law, but federal statutes also take into account the bijuridical nature of Canada and use each common law and civil law terms where appropriate. There are, having said that, dictatorships such as Burma or North Korea in which is is difficult to distinguish any constant technique of laws and their application beyond the personal whim of those in power. As in lots of factors to do with common law – or any law for that matter – the quality of judges and others persons in the legal method such as lawyers and the police figure out how effectively the method will work.
Contemporary China, for example, is evolving from a socialist law technique to a additional mainstream civil code law method, although is nonetheless a considerable way brief of nations such as France in applying principles such as equality before the law or freedom of speech. The purpose of codification is to supply all citizens with manners and written collection of the laws which apply to them and which judges should adhere to.
But where legal humanists and Enlightenment scholars on the continent looked to shared civil law tradition as effectively as national legislation and custom, English jurists of this era took great pride in the uniqueness of English legal customs and institutions. The method of writs became so very formalized that the laws the courts could apply primarily based on this program usually have been also rigid to adequately reach justice. Common law has no basis in statute, and is established and created by way of written opinions of judges delivered at the end of a trial. The Standard Law of Hong Kong ensures the use and status of common law in Hong Kong.