Which is better, Common Law or Civil Law?
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1 Answer
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Hi,
Civil law and common law are the two dominant legal systems in the world. They differ in their sources of law, how they are interpreted, and the role of judges. Below table highlights the civil law scope in India and abroad, compared to common law:
Characteristic
Common Law
Civil Law
Intro
Common law is a legal system originating in England and Wales, in which law is created and refined by judges through precedents set in previous court rulings. It is contrasted with the civil law system, which is based on comprehensive legal codes.
Civil law is a legal system originating in mainland Europe, in which law is codified into comprehensive, detailed collections. It is based on the principles laid out in these collections, rather than relying heavily on precedent set in previous court cases.
Source of Law
Judicial decisions and interpretations (precedent)
Comprehensive legal codes and statutes
Role of Judges
Judges interpret and apply the law, playing a key role in shaping the law through their rulings
Judges apply and interpret the law as it is written in the codes, with less emphasis on precedents
Hope this helps !
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