List of national legal systems

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Legal systems of the world Map of the Legal systems of the world (en).png
Legal systems of the world

The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, customary law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. [1] The science that studies law at the level of legal systems is called comparative law.

Contents

Both civil (also known as Roman) and common law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. [2] [3] [4]

Civil law

Shamash (the Babylonian sun god) hands King Hammurabi a code of law. Milkau Oberer Teil der Stele mit dem Text von Hammurapis Gesetzescode 369-2.png
Shamash (the Babylonian sun god) hands King Hammurabi a code of law.

The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empire and, more particularly, the Corpus Juris Civilis issued by the Emperor Justinian ca. AD 529. This was an extensive reform of the law in the Byzantine Empire, bringing it together into codified documents. Civil law was also partly influenced by religious laws such as Canon law and Islamic law. [5] [6] Civil law today, in theory, is interpreted rather than developed or made by judges. Only legislative enactments (rather than legal precedents, as in common law) are considered legally binding.

Scholars of comparative law and economists promoting the legal origins theory usually subdivide civil law into distinct groups:

However, some of these legal systems are often and more correctly said to be of hybrid nature:

The Italian civil code of 1942 replaced the original one of 1865, introducing germanistic elements due to the geopolitical alliances of the time. [7] The Italian approach has been imitated by other countries including Portugal (1966), the Netherlands (1992), Lithuania (2000), Brazil (2002) and Argentina (2014). Most of them have innovations introduced by the Italian legislation, including the unification of the civil and commercial codes. [8]

The Swiss civil code is considered mainly influenced by the German civil code and partly influenced by the French civil code. The civil code of the Republic of Turkey is a slightly modified version of the Swiss code, adopted in 1926 during Mustafa Kemal Atatürk's presidency as part of the government's progressive reforms and secularization.

A comprehensive list of countries that base their legal system on a codified civil law follows:

CountryDescription
Flag of Albania.svg Albania Based on Napoleonic Civil law. The Civil Code of the Republic of Albania, 1991 Archived 22 January 2016 at the Wayback Machine
Flag of Angola.svg Angola Based on Portuguese civil law
Flag of Argentina.svg Argentina The Spanish legal tradition had a great influence on the Civil Code of Argentina, basically a work of the Argentine jurist Dalmacio Vélez Sársfield, who dedicated five years of his life to this task. The Civil Code came into effect on 1 January 1871. Beyond the influence of the Spanish legal tradition, the Argentinian Civil Code was also inspired by the Draft of the Brazilian Civil Code, the Draft of the Spanish Civil Code of 1851, the Napoleonic code and the Chilean Civil Code. The sources of this Civil Code also include various theoretical legal works, mainly of the great French jurists of the 19th century. It was the first Civil Law that consciously adopted as its cornerstone the distinction between i. rights from obligations and ii. real property rights, thus distancing itself from the French model.

The Argentinian Civil Code was also in effect in Paraguay, as per a Paraguayan law of 1880, until the new Civil Code went into force in 1987.

In Argentina, this 1871 Civil Code remained in force until August 2015, when it was replaced by the new Código Civil y Comercial de la Nación. [9] [10]

During the second half of the 20th century, the German legal theory became increasingly influential in Argentina.

Flag of Andorra.svg Andorra Courts apply the customary laws of Andorra, supplemented with Roman law and customary Catalan law. [11]
Flag of Armenia.svg Armenia Based on Napoleonic Civil law and traditional Armenian law.
Flag of Aruba.svg Aruba Based on Dutch civil law
Flag of Austria.svg Austria Based on Germanic Civil law. The Allgemeines bürgerliches Gesetzbuch (ABGB) of 1811
Flag of Azerbaijan.svg Azerbaijan Based on German, French, Russian, and traditional Azerbaijani Law
Flag of Belarus.svg Belarus Based on Germanic Civil law (administrative, criminal codes)
Flag of Belgium (civil).svg Belgium The Napoleonic Code is still in use, although it is heavily modified (especially concerning family law)
Flag of Benin.svg Benin Based on Napoleonic Civil law.
Bandera de Bolivia (Estado).svg Bolivia Influenced by the Napoleonic Code
Flag of Bosnia and Herzegovina.svg Bosnia and Herzegovina Influenced by Austrian law. The Swiss civil law (Zivilgesetzbuch) was a model for the Law on Obligations of 1978.
Flag of Brazil.svg Brazil Based on German, Italian, French and Portuguese law. However, in 2004 the Federal Constitution was amended to grant the Supreme Federal Court authority to issue binding precedents (súmulas vinculantes) to settle controversies involving constitutional law – a mechanism that echoes the stare decisis principle typically found in common law systems.
Flag of Bulgaria.svg Bulgaria Civil Law system influenced by Germanic and Roman law systems
Flag of Burkina Faso.svg Burkina Faso Based on the French civil law system
Flag of Burundi.svg Burundi
Flag of Chad.svg Chad Based on the French civil law system
Flag of the People's Republic of China.svg People's Republic of China Based on Germanic Civil law and France Civil law, also with influences from the Soviet Socialist law from Soviet Union
Flag of the Republic of the Congo.svg Republic of the Congo Based on the Napoleonic Civil law.
Flag of the Democratic Republic of the Congo.svg the Democratic Republic of the Congo Based on Belgian civil law
Flag of Cambodia.svg Cambodia
Flag of Cape Verde.svg Cape Verde Based on Portuguese civil law
Flag of the Central African Republic.svg Central African Republic Based on the French civil law system
Flag of Chile.svg Chile Based on the Chilean Civil Law inspired by the Napoleonic Civil Law. The Spanish legal tradition exercised an especially great influence on the civil code of Chile. On its turn, the Chilean civil code influenced to a large degree the drafting of the civil codes of other Latin-American states. For instance, the codes of Ecuador (1861) and Colombia (1873) constituted faithful reproductions of the Chilean code, but for very few exceptions. The compiler of the Civil Code of Chile, Venezuelan Andrés Bello, worked for its completion for almost 30 years, using elements, of the Spanish law on the one hand, and of other Western laws, especially of the French one, on the other. It is noted that he consulted and used all of the codes that had been issued till then, starting from the era of Justinian.

The Civil Code came into effect on 1 January 1857. The influence of the Napoleonic code and the Law of Castile of the Spanish colonial period (especially the Siete Partidas ), is great; it is observed however that e.g. in many provisions of property or contract law, the solutions of the French code civil were put aside in favor of pure Roman law or Castilian law.

Flag of Colombia.svg Colombia Based on the Chilean Civil Law. Civil code introduced in 1873. Nearly faithful reproduction of the Chilean civil code
Flag of Costa Rica.svg Costa Rica Based on the Napoleonic Civil Law. First Civil Code (a part of the General Code or Carrillo Code) came into effect in 1841; its text was inspired by the South Peruvian Civil Code of Marshal Andres de Santa Cruz. The present Civil Code went into effect 1 January 1888 and was influenced by the Napoleonic Code and the Spanish Civil Code of 1889 (from its 1851 draft version).
Flag of Croatia.svg Croatia Based on the Germanic Civil Law. The Croatian Law system is largely influenced by German and Austrian law systems. It is significantly influenced by the Civil Code of the Austrian Empire from 1811, known in Croatia as "General Civil Law"("Opći građanski zakon"). OGZ was in force from 1853 [12] to 1946. After the World War II, Croatia becomes a member of the Yugoslav Federation which enacted in 1946 the "Law on immediate voiding of regulations passed before April 6, 1941, and during the enemy occupation"("Zakon o nevaženju pravnih proposal donesenih prije 6. travnja 1941. i za vrijeme neprijateljske okupacije"). By this law, OGZ was declared invalid as a whole, but the implementation of some of its legal rules was approved. During the post-War era, the Croatian legal system become influenced by elements of the socialist law. Croatian civil law was pushed aside, and it took norms of public law and legal regulation of the social ownership. After Croatia declared independence from Yugoslavia on 25 June 1991, the previous legal system was used as a base for writing new laws. "The Law on Obligations"("Zakon o obveznim odnosima") was enacted in 2005. [13] Today, Croatia as a European Union member state implements elements of the EU acquis into its legal system.
Flag of Cuba.svg Cuba Influenced by Spanish and American law with large elements of Communist legal theory.
Flag of Curacao.svg Curaçao Based on Dutch Civil Law.
Flag of the Czech Republic.svg Czech Republic Based on Germanic civil law. Descended from the Civil Code of the Austrian Empire (1811), influenced by German (1939–45) and Soviet (1947/68–89) legal codes during occupation periods, substantially reformed to remove Soviet influence and elements of socialist law after the Velvet Revolution (1989). The new Civil Code of the Czech Republic was introduced in 2014, reestablishing the norms of the ABGB, an reintroducing terms and concepts from it.
Flag of Denmark.svg Denmark Based on North Germanic law. Scandinavian-North Germanic civil law.
Flag of the Dominican Republic.svg Dominican Republic Based on the Napoleonic Code
Flag of Ecuador.svg Ecuador Based on the Chilean civil law. Civil code introduced in 1861.
Flag of El Salvador.svg El Salvador Based on law.
Flag of Estonia.svg Estonia Based on German civil law.
Flag of Finland.svg Finland Based on Nordic law. [14]
Flag of France.svg France Based on Napoleonic code (code civil of 1804)
Flag of Egypt.svg Egypt Based on Napoleonic civil law and Islamic law.
Flag of Equatorial Guinea.svg Equatorial Guinea
Flag of Ethiopia.svg Ethiopia
Flag of Gabon.svg Gabon Based on the French civil law system
Flag of Guinea.svg Guinea Based on French civil law system, customary law, and decree [14]
Flag of Guinea-Bissau.svg Guinea-Bissau Based on Portuguese civil law
Flag of Georgia.svg Georgia
Flag of Germany.svg Germany Based on Germanic civil law. The Bürgerliches Gesetzbuch of 1900 ("BGB"). The BGB is influenced both by Roman and German law traditions.
Flag of Greece.svg Greece Based on Germanic civil law. The Greek civil code of 1946, highly influenced by traditional Roman law and the German civil code of 1900 (Bürgerliches Gesetzbuch); the Greek civil code replaced the Byzantine–Roman civil law in effect in Greece since its independence (Νομική Διάταξη της Ανατολικής Χέρσου Ελλάδος, Legal Provision of Eastern Mainland Greece, November 1821: 'Οι Κοινωνικοί Νόμοι των Αειμνήστων Χριστιανών Αυτοκρατόρων της Ελλάδος μόνοι ισχύουσι κατά το παρόν εις την Ανατολικήν Χέρσον Ελλάδα', 'The Social [i.e. Civil] Laws of the Dear Departed Christian Emperors of Greece [referring to the Byzantine Emperors] alone are in effect at present in Eastern Mainland Greece')
Flag of Guatemala.svg Guatemala Based on Napoleonic civil law. Guatemala has had three Civil Codes: the first one from 1877, a new one introduced in 1933, and the one currently in force, which was passed in 1963. This Civil Code has suffered some reforms throughout the years, as well as a few derogations relating to areas that have subsequently been regulated by newer laws, such as the Code of Commerce and the Law of the National Registry of Persons. In general, it follows the tradition of the Roman-French system of civil codification.

Regarding the theory of 'sources of law' in the Guatemalan legal system, the 'Ley del Organismo Judicial' recognizes 'the law' as the main legal source (in the sense of legislative texts), although it also establishes 'jurisprudence' as a complementary source. Although jurisprudence technically refers to judicial decisions in general, in practice it tends to be confused and identified with the concept of 'legal doctrine', which is a qualified series of identical resolutions in similar cases pronounced by higher courts (the Constitutional Court acting as a 'Tribunal de Amparo', and the Supreme Court acting as a 'Tribunal de Casación') whose theses become binding for lower courts.

Flag of Haiti.svg Haiti Based on Napoleonic civil law.
Flag of Honduras.svg Honduras
Flag of Hungary.svg Hungary Based on Germanic, codified Roman law with elements from Napoleonic civil law.
Flag of Iceland.svg Iceland Based on North Germanic law. Germanic traditional laws and influenced by Medieval Norwegian and Danish laws.
Flag of India.svg India (only State of Goa, and Union Territories of Daman and Diu and Dadra and Nagar Haveli)Based on Portuguese civil law
Flag of Italy.svg Italy Based on Germanic civil law, with elements of the Napoleonic civil code; civil code of 1942 replaced the original one of 1865
Flag of Cote d'Ivoire.svg Ivory Coast Based on French civil law system
Flag of Japan.svg Japan Based on Germanic civil law. Japanese civil code of 1895.
Flag of Latvia.svg Latvia Based on Napoleonic and German civil law, as it was historically before the Soviet occupation. While general principles of law are prerequisites in making and interpreting the law, case law is also regularly applied to present legal arguments in courts and explain the application of law in similar cases. Civil law largely modeled after the Napoleonic code mixed with strong elements of German civil law. Criminal law retains Russian and German legal traditions, while criminal procedure law has been fully modeled after practice accepted in Western Europe. The civil law of Latvia enacted in 1937.
Flag of Lebanon.svg Lebanon Based on Napoleonic civil law.
Flag of Lithuania.svg Lithuania Modeled after Dutch civil law
Flag of Louisiana.svg Louisiana
Flag of the United States.svg (U.S.)
Law in the state of Louisiana is based on French and Spanish civil law

Federal courts and 49 states use the legal system based on English common law (see below), which has diverged somewhat since the mid-nineteenth century in that they look to each other's cases for guidance on issues of the first impression and rarely look at contemporary cases on the same issue in the UK or the Commonwealth.

Flag of Luxembourg.svg Luxembourg Based on Napoleonic civil law.
Flag of Macau.svg Macau Based on the Portuguese civil law; also influenced by the law of the PRC
Flag of Mexico.svg Mexico Based on Napoleonic civil law."The origins of Mexico's legal system are both ancient and classical, based on the Roman and French legal systems, and the Mexican system shares more in common with other legal systems throughout the world (especially those in Latin America and most of continental Europe) ..." [15]
Flag of Mongolia.svg Mongolia Based on Germanic civil law.
Flag of Montenegro.svg Montenegro Based on Napoleonic and German civil law. First: the General Property Code for the Principality of Montenegro of 1888, written by Valtazar Bogišić. Present: the Law on Obligations of 2008.
Flag of Mozambique.svg Mozambique Based on Portuguese civil law
Flag of the Netherlands.svg Netherlands Based on Napoleonic code with German law influence
Flag of Nepal.svg Nepal Based on Civil Code, however, the principle of stare decisis is widely practised. The legal system of Nepal has been influenced by British Legal System
Flag of Norway.svg Norway Scandinavian-North Germanic civil law, based on North Germanic law. King Magnus VI the Lawmender unified the regional laws into a single code of law for the whole kingdom in 1274. This was replaced by Christian V's Norwegian Code of 1687.
Flag of Panama.svg Panama
Flag of Paraguay.svg Paraguay The Paraguayan Civil Code in force since 1987 is largely influenced by the Napoleonic Code and the Argentinian Code
Flag of Peru.svg Peru Based on civil law system; accepts compulsory International Court of Justice ICJ jurisdiction with despotic and corrupting reservations;
Flag of Poland.svg Poland The Polish Civil Code in force since 1965
Flag of Portugal.svg Portugal Influenced by the Napoleonic Code and later by the German civil law
Flag of the Republic of China.svg Taiwan (Republic of China) Influenced by German Civil Code and Japanese Six Codes. Enacted in 1931.
Flag of Romania.svg Romania Civil Code came into force in 2011. Based on the Civil Code of Quebec, but also influenced by the Napoleonic Code and other French-inspired codes (such as those of Italy, Spain and Switzerland) [16]
Flag of Russia.svg Russia Civil Law system descendant from Roman Law through Byzantine tradition. Heavily influenced by German and Dutch norms in the 1700s. Socialism-style modifications from 1920s on, and Continental European Civil Law influences since the 1990s. [17] [18]
Flag of Rwanda.svg RwandaMixture of Belgian civil law and English common law
Flag of Sao Tome and Principe.svg São Tomé e Príncipe Based on Portuguese civil law
Flag of Serbia.svg Serbia First: the Civil Code of Principality of Serbia of 1844, written by Jovan Hadžić, was influenced by the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch). Present: The Swiss civil law (Zivilgesetzbuch) was a model for the Law on Obligations of 1978.
Flag of Slovakia.svg Slovakia Descended from the Civil Code of the Austrian Empire (1811), influenced by German (1939–45) and Soviet (1947/68–89) legal codes during occupation periods, substantially reformed to remove Soviet influence and elements of socialist law after the Velvet Revolution (1989).
Flag of Slovenia.svg Slovenia A Civil Law system influenced mostly by Germanic and Austro-Hungarian law systems
Flag of South Korea.svg South Korea Based on the German civil law system. Also largely influenced by Japanese civil law which itself modeled after the German one. Korean Civil Code was introduced 1958 and fully enacted by 1960.
Flag of Spain.svg Spain Influenced by the Napoleonic Code, it also has some elements of Spain's legal tradition, starting with the Siete Partidas, major legislative achievement from the Middle Ages. That body of law remained more or less unchanged until the 19th century when the first civil codes were drafted, merging both the Napoleonic style with the Castilian traditions.
Flag of Suriname.svg Suriname Based on Dutch civil law
Flag of Sweden.svg Sweden Scandinavian-North Germanic civil law. Like all Scandinavian legal systems, it is distinguished by its traditional character and for the fact that it did not adopt elements of Roman law. It assimilated very few elements of foreign laws whatsoever. The Napoleonic Code had no influence in the codification of law in Scandinavia. The historical basis of the law of Sweden, just as for all Nordic countries, is North Germanic law. Codification of the law started in Sweden during the 18th century, preceding the codifications of most other European countries. However, neither Sweden nor any other Nordic state created a civil code of the kind of the Code Civil or the BGB.
Flag of Switzerland (Pantone).svg Switzerland The Swiss Civil Code of 1908 and 1912 (obligations; fifth book)
Flag of Syria.svg Syria Based on Napoleonic civil law.
Flag of East Timor.svg Timor-Leste Based on Portuguese civil law
Flag of Turkey.svg Turkey Modeled after the Swiss civil law (Zivilgesetzbuch) of 1907.
Flag of Ukraine.svg Ukraine Based on German civil law and was accepted in 2004.
Flag of Uruguay.svg Uruguay The basis for its public law is the 1967 Constitution, amended in 1989, 1994, 1996, and 2004. There is a clear separation of functions between the three administrative powers. [19] Private relationships are governed by the Uruguayan Civil Code. [20]
Flag of Uzbekistan.svg Uzbekistan Represents an evolution of Soviet civil law. The overwhelmingly strong impact of the Communist legal theory is traceable.
Flag of Vietnam.svg Vietnam Communist legal theory and French civil law
Flag of Venezuela.svg Venezuela Civil law

Common law

King John of England signs Magna Carta. King John signing the Great Charter (Magna Carta) by English School.png
King John of England signs Magna Carta.

Common law and equity are systems of law whose sources are the decisions in cases by judges. In addition, every system will have a legislature that passes new laws and statutes. The relationships between statutes and judicial decisions can be complex. In some jurisdictions, such statutes may overrule judicial decisions or codify the topic covered by several contradictory or ambiguous decisions. In some jurisdictions, judicial decisions may decide whether the jurisdiction's constitution allowed a particular statute or statutory provision to be made or what meaning is contained within the statutory provisions. The common law developed in England, influenced by Anglo-Saxon law and to a much lesser extent by the Norman conquest of England, which introduced legal concepts from Norman law, which, in turn, had its origins in Salic law. Common law was later inherited by the Commonwealth of Nations, and almost every former colony of the British Empire has adopted it (Malta being an exception). The doctrine of stare decisis, also known as case law or precedent by courts, is the major difference to codified civil law systems.

Common law is practiced in Canada (excluding Quebec), Australia, New Zealand, most of the United Kingdom (England, Wales, and Northern Ireland), South Africa, Ireland, India (excluding Goa),[ citation needed ] Pakistan, Hong Kong, the United States (on state and territorial levels excluding Louisiana and Puerto Rico), Bangladesh, and many other places. Several others have adapted the common law system into a mixed system; For example, Nigeria operates largely on a common law system in the southern states and at the federal level, but also incorporates religious law in the northern states.

In the European Union, the Court of Justice takes an approach mixing civil law (based on the treaties) with an attachment to the importance of case law. One of the most fundamental documents to shape common law is the English Magna Carta, [21] which placed limits on the power of the English Kings. It served as a kind of medieval bill of rights for the aristocracy and the judiciary who developed the law.

CountryDescription
Flag of American Samoa.svg American Samoa Based on law of the United States
Flag of Antigua and Barbuda.svg Antigua and Barbuda Based on English common law
Flag of Australia (converted).svg Australia Based on English common law.
Flag of the Bahamas.svg Bahamas Based on English common law
Flag of Bangladesh.svg Bangladesh Based on English common law, with the Muslim family law heavily based on Shariah law.
Flag of Barbados.svg Barbados Based on English common law
Flag of Belize.svg Belize Based on English common law
Flag of Bhutan.svg Bhutan Based on English common law, with an Indian influence. Religious law influences personal law.
Flag of the British Virgin Islands.svg British Virgin Islands Based on English common law
Flag of Canada (Pantone).svg Canada Based on English common law, except in Flag of Quebec.svg Quebec, where a civil law system based on French law prevails in most matters of a civil nature, such as obligations (contract and delict), property law, family law, and private matters. Federal statutes take into account the juridical nature of Canada and use both common law and civil law terms where appropriate.
Flag of the Cayman Islands.svg Cayman Islands Based on English common law
Flag of Cyprus.svg Cyprus Based on English common law as inherited from British colonization, with civil law influences, particularly in criminal law.
Flag of Dominica.svg Dominica Based on English common law
Flag of England.svg Flag of Wales (1959-present).svg England and Wales
Flag of the United Kingdom.svg (UK)
Primarily common law, with early Roman and some modern continental European influences
Flag of Fiji.svg Fiji Based on English common law
Flag of Gibraltar.svg Gibraltar Based on English common law
Flag of Ghana.svg Ghana
Flag of Grenada.svg Grenada Based on English common law
Flag of Hong Kong.svg Hong Kong Principally based on English common law
Flag of India.svg India Based on English common law, except in Goa, Daman and Diu and Dadra and Nagar Haveli which follow a Civil law system based on the Portuguese Civil Law [22]
Flag of Ireland.svg Ireland Based on Irish law before 1922, which was itself based on English common law
Flag of Israel.svg Israel Based on English common law arising from the period of the British Mandate (which includes laws arising from previous Ottoman rule), [23] also incorporating civil law and fragments of Halakha and Sharia for family law cases
Flag of Jamaica.svg Jamaica Based on English common law
Flag of Kiribati.svg Kiribati Based on English common law
Flag of Liberia.svg Liberia Based on Anglo-American and customary law
Flag of the Marshall Islands.svg Marshall Islands Based on law of the United States
Flag of Myanmar.svg Myanmar Based on English common law
Flag of Nauru.svg Nauru Based on English common law
Flag of Nepal.svg Nepal Based on English common law
Flag of New Zealand.svg New Zealand Based on English common law
Northern Ireland
Flag of the United Kingdom.svg (UK)
Based on Irish law before 1921, in turn, based on English common law
Flag of Palau.svg Palau Based on law of the United States
Flag of Pakistan.svg Pakistan [24] Based on English common law with some provisions of Islamic law
Flag of Papua New Guinea.svg Papua New Guinea Based on English common law and customary laws of its more than 750 different cultural and language groups
Flag of Saint Kitts and Nevis.svg Saint Kitts and Nevis Based on English common law
Flag of Saint Vincent and the Grenadines.svg Saint Vincent and the Grenadines Based on English common law
Flag of Singapore.svg Singapore Based on English common law, but Muslims are subject to the Administration of Muslim Law Act, which gives the Sharia Court jurisdiction over Muslim personal law, e.g., marriage, inheritance and divorce.
Flag of Tonga.svg Tonga Based on English common law
Flag of Trinidad and Tobago.svg Trinidad and Tobago Based on English common law
Flag of Tuvalu.svg Tuvalu Based on English common law
Flag of Uganda.svg Uganda Based on English common law
Flag of the United States.svg United States Federal courts and 49 states use the legal system based on English common law, which has diverged somewhat since the mid-nineteenth century in that they look to each other's cases for guidance on issues of the first impression and rarely if ever, look at contemporary cases on the same issue in the UK or the Commonwealth.
Law in the state of Louisiana is based on French and Spanish civil law. Law in the territory of Puerto Rico is based on Spanish civil law.

Religious law

Religious law refers to the notion of a religious system or document being used as a legal source, though the methodology used varies. For example, the use of Judaism and halakha for public law has a static and unalterable quality, precluding amendment through legislative acts of government or development through judicial precedent; Christian canon law is more similar to civil law in its use of codes; and Islamic sharia law (and fiqh jurisprudence) is based on legal precedent and reasoning by analogy ( qiyas ), and is thus considered similar to common law. [25]

The main kinds of religious law are sharia in Islam, halakha in Judaism, and canon law in some Christian groups. In some cases these are intended purely as individual moral guidance, whereas in other cases they are intended and may be used as the basis for a country's legal system; the latter was particularly common during the Middle Ages.

Aleppo Codex: 10th century Hebrew Bible with Masoretic pointing Aleppo Codex Joshua 1 1.jpg
Aleppo Codex: 10th century Hebrew Bible with Masoretic pointing

Halakha is followed by Orthodox and Conservative Jews in both ecclesiastical and civil relations. No country is fully governed by halakha, but two Jewish people may decide, because of personal belief, to have a dispute heard by a Jewish court, and be bound by its rulings.

Canon law is the internal ecclesiastical law, or operational policy, governing the Catholic Church (both the Latin Church and the Eastern Catholic Churches), the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. [26] Canon law of the Catholic Church (Latin : jus canonicum) [27] is the system of laws and legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organisation and government and to order and direct the activities of Catholics toward the mission of the church. [28] The canon law of the Catholic Church has all the ordinary elements of a mature legal system: laws, courts, lawyers, judges. [29] The canon law of the Latin Church was the first modern Western legal system, [30] and is the oldest continuously functioning legal system in the West. [31] [32] while the distinctive traditions of Eastern Catholic canon law govern the 23 Eastern Catholic particular churches sui iuris.

The Islamic legal system, consisting of sharia (Islamic law) and fiqh (Islamic jurisprudence), is the most widely used religious law system, and one of the three most common legal systems in the world alongside common law and civil law. [33] It is based on both divine law, derived from the hadith of the Quran and Sunnah, and the rulings of ulema (jurists), who use the methods of ijma (consensus), qiyas (analogical deduction), ijtihad (research), and urf (common practice) to derive fatwā (legal opinions). An ulema was required to qualify for an ijazah (legal doctorate) at a madrasa (law school or college) before they could issue fatwā. [34] During the Islamic Golden Age, classical Islamic law may have had an influence on the development of common law [6] and several civil law institutions. [35] Sharia law governs a number of Islamic countries, including Saudi Arabia and Iran, though most countries use Sharia law only as a supplement to national law. It can relate to all aspects of civil law, including property rights, contracts, and public law.

CountryDescription
Flag of the Taliban.svg Afghanistan Islamic law, based on Sunni Hanafi jurisprudence. [36]
Flag of Iran.svg Iran Islamic law, based on Shia Jaʽfari jurisprudence. [37]
Flag of Nigeria.svg Nigeria Sharia in the northern states, common law in the south and at the federal level.
Flag of Saudi Arabia.svg Saudi Arabia Islamic law.
Flag of Yemen.svg Yemen Islamic law.

Pluralistic systems

Civil law and canon law

Canon law is not divine law, properly speaking, because it is not found in revelation. Instead, it is seen as human law inspired by the word of God and applying the demands of that revelation to the actual situation of the church. Canon law regulates the internal ordering of the Catholic Church, the Eastern Orthodox Church and the Anglican Communion. Canon law is amended and adopted by the legislative authority of the church, such as councils of bishops, individual bishops for their respective sees, the Pope for the entire Catholic Church, and the British Parliament for the Church of England.

CountryDescription
Flag of the Vatican City (2023-present).svg Vatican City Based on Roman & Italian civil law and Catholic canon law [38]

Civil law and common law

CountryDescription
Flag of Botswana.svg Botswana Based on South African law. An 1891 proclamation by the High Commissioner for Southern Africa applied the law of the Cape Colony (now part of South Africa) to the Bechuanaland Protectorate (now Botswana). [39]
Flag of Cameroon.svg Cameroon Mixture of French civil law system and English common law (After World War I, Cameroon was ruled by France and the United Kingdom as a League of Nations mandate then a United Nations trust territory from 1916 to 1961)
Flag of Cyprus.svg Cyprus Based on English common law (Cyprus was a British colony 1878–1960), with admixtures of French and Greek civil and public law, Italian civil law, Indian contract law, Greek Orthodox canon law and Muslim religious law.
Flag of Eswatini.svg Eswatini Based on South African law. A 1907 proclamation by the High Commissioner for Southern Africa applied the Roman-Dutch common law of the Transvaal Colony (now part of South Africa) to the Swaziland Protectorate (now Eswatini). [39]
Flag of Guyana.svg Guyana
Flag of Jersey.svg Jersey The Bailiwick of Jersey's legal system draws on local legislation enacted by the States of Jersey, Norman customary law, English common law and modern French civil law
Flag of Kenya.svg Kenya Based on English Common Law and Civil law as well as the country's customary law.
Flag of Lesotho.svg Lesotho Based on South African law. An 1884 proclamation by the High Commissioner for Southern Africa applied the law of the Cape Colony (now part of South Africa) to Basutoland (now Lesotho). [39]
Flag of Louisiana.svg Louisiana
Flag of the United States.svg (U.S.)
Based on French and Spanish civil law, but federal laws (based on common law) are also in effect in Louisiana because of federal Supremacy Clause.
Flag of Malta.svg Malta Initially based on Roman Law and eventually progressed to the Code de Rohan, the Napoleonic Code with influences from Italian Civil Law. English common law however is also a source of Maltese Law, most notably in Public Law
Flag of Mauritius.svg Mauritius Laws governing the Mauritian penal system are derived partly from French civil law and British common law. [40]
Flag of Namibia.svg Namibia Based on South African law. South Africa conquered South-West Africa (now Namibia) in 1915, and a 1919 proclamation by the Governor-General applied the law of the Cape Province of South Africa to the territory. [41]
Flag of the Philippines.svg Philippines Based on Spanish law; influenced by U.S. common law after 1898 Spanish– and Philippine–American Wars, personal law based on sharia law applies to Muslims
Flag of Puerto Rico.svg Puerto Rico
Flag of the United States.svg (U.S.)
Based on Spanish law; influenced by U.S. common law after 1898 (victory of the U.S. over Spain in the Spanish–American War of 1898 and cession of Puerto Rico to the U.S.); federal laws (based on common law) are in effect because of federal Supremacy Clause.
Flag of Quebec.svg Quebec
Flag of Canada (Pantone).svg (Canada)
After the 1763 Treaty of Paris awarded French Canada to Great Britain, the British initially attempted to impose English Common Law. In 1774, as a result of a ruling by the British courts in Campbell v Hall about the status of legal systems found in acquired territories, the British Parliament passed the Quebec Act , which preserved French civil law for private law while keeping and reserving English common law for public law including criminal prosecution. Codification occurred in 1866 with the enactment of the Civil Code of Lower Canada (French: Code civil du Bas-Canada), which continued in force when the modern Province of Quebec was created at Confederation in 1867. Subsequently, the Civil Code of Quebec (French: Code civil du Québec) came into effect on 1 January 1994, and is the civil code currently in force. Canadian (federal) criminal law in force in Quebec is based on common law, but federal statutes of or relating to private law take into account the bijuridical nature of Canada and use both common law and civil law terms where appropriate.
Flag of Saint Lucia.svg Saint Lucia
Flag of Scotland.svg Scotland
Flag of the United Kingdom.svg (UK)
Based on Roman and continental law, with common law elements dating back to the High Middle Ages. [42]
Flag of Seychelles.svg Seychelles The substantive civil law is based on the French Civil Code. Otherwise, the criminal law and court procedure are based on the English common law. See Seychelles Legal Environment.
Flag of South Africa.svg South Africa An amalgam of Roman-Dutch civil law and English common law, as well as Customary Law.
Flag of Sri Lanka.svg Sri Lanka An amalgam of English common law, Roman-Dutch civil law and Customary Law
Flag of Thailand.svg Thailand The Thai legal system became an amalgam of German, Swiss, French, English, Japanese, Italian, Indian and American laws and practices. Even today, Islamic laws and practices exist in four southern provinces. Over the years, Thai law has naturally taken on its own Thai identity.
Flag of Vanuatu.svg Vanuatu Consists of a mixed system combining the legacy of English common law, French civil law and indigenous customary law.
Flag of Zimbabwe.svg Zimbabwe Based on South African law. An 1891 proclamation by the High Commissioner for Southern Africa applied the law of the Cape Colony (now part of South Africa) to Southern Rhodesia (now Zimbabwe).

Civil law and sharia law

CountryDescription
Flag of Algeria.svg Algeria
Flag of Bahrain.svg Bahrain
Flag of the Comoros.svg Comoros
Flag of Djibouti.svg Djibouti
Flag of Egypt.svg Egypt Family Law (personal Statute) for Muslims based on Islamic Jurisprudence, Separate Personal Statute for non-Muslims, and all other branches of Law are based on French civil law system
Flag of Eritrea.svg Eritrea Only applies to Muslims for personal matters
Flag of Jordan.svg Jordan Mainly based on French Civil Code and Ottoman Majalla, Islamic law applicable to family law
Flag of Mauritania.svg Mauritania Mix of Islamic law and French Civil Codes, Islamic law largely applicable to both criminal, family law, and other forms of personal laws such as disputes.
Flag of Mauritius.svg Mauritius Civil law and sharia personal law for Muslims.
Flag of Morocco.svg Morocco Based on Islamic law and French and Spanish civil law system. Islamic law is mainly for personal matters and Jews use Halakha.
Flag of Oman.svg Oman
Flag of Qatar.svg Qatar Based on Islamic law and the Egyptian civil law system (after the French civil law system)
Flag of Syria.svg Syria Mainly based on French Civil Code. Islamic law is applicable to family law. Non-Muslims follow their own family laws.
Flag of the United Arab Emirates.svg United Arab Emirates Based on Islamic law and the Egyptian civil law system (after the French civil law system)

Common law and sharia law

CountryDescription
Flag of Bangladesh.svg Bangladesh Common law, personal law based on sharia law applies to Muslims
Flag of Brunei.svg Brunei
Flag of The Gambia.svg The Gambia
Flag of India.svg India Based on English common law, Muslim personal law based on sharia law applies to Muslims. Exceptions for Muslims in Goa state, where the Goa Civil Code applies to all persons irrespective of religion, and for Muslims who marry under the secular common law Special Marriage Act, 1954. [43]
Flag of Malaysia.svg Malaysia Based on English common law, personal law based on sharia law applies to Muslims
Flag of Nigeria.svg Nigeria Sharia is applied in some northern states
Flag of Pakistan.svg Pakistan Based on English Common Law, some Islamic law applications in inheritance. Tribal Law in FATA
Flag of the United Arab Emirates.svg United Arab Emirates [44]

By geography

Despite the usefulness of different classifications, every legal system has its own individual identity. Below are groups of legal systems, categorised by their geographic location.

See also

Related Research Articles

<span class="mw-page-title-main">Common law</span> Law created by judicial precedent

In law, common law is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions.

Canon law is a set of ordinances and regulations made by ecclesiastical authority for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church, the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these four bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law.

Fiqh is Islamic jurisprudence. Fiqh is often described as the human understanding and practices of the sharia, that is human understanding of the divine Islamic law as revealed in the Quran and the sunnah. Fiqh expands and develops Shariah through interpretation (ijtihad) of the Quran and Sunnah by Islamic jurists (ulama) and is implemented by the rulings (fatwa) of jurists on questions presented to them. Thus, whereas sharia is considered immutable and infallible by Muslims, fiqh is considered fallible and changeable. Fiqh deals with the observance of rituals, morals and social legislation in Islam as well as economic and political system. In the modern era, there are four prominent schools (madh'hab) of fiqh within Sunni practice, plus two within Shi'a practice. A person trained in fiqh is known as a faqīh.

The following outline is provided as an overview of and introduction to law:

Sharia is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Quran and hadith. In Arabic, the term sharīʿah refers to God's immutable divine law and this referencing is contrasted with fiqh, which refers to its interpretations by Islamic scholars. Fiqh, practical application side of sharia in a sense, was elaborated over the centuries by legal opinions issued by qualified jurists and sharia has never been the sole valid legal system in Islam historically; it has always been used alongside customary law from the beginning, and applied in courts by ruler-appointed judges, integrated with various economic, criminal and administrative laws issued by Muslim rulers.

<span class="mw-page-title-main">English law</span> Legal system of England and Wales

English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.

Religious law includes ethical and moral codes taught by religious traditions. Different religious systems hold sacred law in a greater or lesser degree of importance to their belief systems, with some being explicitly antinomian whereas others are nomistic or "legalistic" in nature. In particular, religions such as Judaism, Islam and the Baháʼí Faith teach the need for revealed positive law for both state and society, whereas other religions such as Christianity generally reject the idea that this is necessary or desirable and instead emphasise the eternal moral precepts of divine law over the civil, ceremonial or judicial aspects, which may have been annulled as in theologies of grace over law.

<span class="mw-page-title-main">Civil code</span> Codification of the civil law

A civil code is a codification of private law relating to property, family, and obligations.

In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law.

<span class="mw-page-title-main">Legal history</span> Study of how law has evolved and why it has changed

Legal history or the history of law is the study of how law has evolved and why it has changed. Legal history is closely connected to the development of civilisations and operates in the wider context of social history. Certain jurists and historians of legal process have seen legal history as the recording of the evolution of laws and the technical explanation of how these laws have evolved with the view of better understanding the origins of various legal concepts; some consider legal history a branch of intellectual history. Twentieth-century historians viewed legal history in a more contextualised manner – more in line with the thinking of social historians. They have looked at legal institutions as complex systems of rules, players and symbols and have seen these elements interact with society to change, adapt, resist or promote certain aspects of civil society. Such legal historians have tended to analyse case histories from the parameters of social-science inquiry, using statistical methods, analysing class distinctions among litigants, petitioners and other players in various legal processes. By analyzing case outcomes, transaction costs, and numbers of settled cases, they have begun an analysis of legal institutions, practices, procedures and briefs that gives a more complex picture of law and society than the study of jurisprudence, case law and civil codes can achieve.

<span class="mw-page-title-main">Law of India</span> Legal system of India

The legal system of India consists of civil law, common law, customary law, religious law and corporate law within the legal framework inherited from the colonial era and various legislation first introduced by the British are still in effect in modified forms today. Since the drafting of the Indian Constitution, Indian laws also adhere to the United Nations guidelines on human rights law and the environmental law. personal law is fairly complex, with each religion adhering to its own specific laws. In most states, registering of marriages and divorces is not compulsory. Separate laws govern Hindus including Sikhs, Jains and Buddhist, Muslims, Christians, and followers of other religions. The exception to this rule is in the state of Goa, where a uniform civil code is in place, in which all religions have a common law regarding marriages, divorces, and adoption. Plus, recently, on February 7, 2024, the Indian state of Uttarakhand has also incorporated a uniform civil code. In the first major reformist judgment for the 2010s, the Supreme Court of India banned the Islamic practice of "Triple Talaq". The landmark Supreme Court of India judgment was welcomed by women's rights activists across India.

<span class="mw-page-title-main">Civil law (legal system)</span> Legal system originating in continental Europe

Civil law is a legal system originating in Italy and France and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law and French civil law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the common law comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent.

<span class="mw-page-title-main">Code of law</span> Legislation that purports to cover a complete system of laws

A code of law, also called a law code or legal code, is a systematic collection of statutes. It is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the code was enacted, by a process of codification. Though the process and motivations for codification are similar in different common law and civil law systems, their usage is different.

Divine law is any body of law that is perceived as deriving from a transcendent source, such as the will of God or gods – in contrast to man-made law or to secular law. According to Angelos Chaniotis and Rudolph F. Peters, divine laws are typically perceived as superior to man-made laws, sometimes due to an assumption that their source has resources beyond human knowledge and human reason. Believers in divine laws might accord them greater authority than other laws, for example by assuming that divine law cannot be changed by human authorities.

Africa's fifty-six sovereign states range widely in their history and structure, and their laws are variously defined by customary law, religious law, common law, Western civil law, other legal traditions, and combinations thereof.

<span class="mw-page-title-main">Israeli law</span> Overall legal system of the State of Israel

Israeli law is based mostly on a common law legal system, though it also reflects the diverse history of the territory of the State of Israel throughout the last hundred years, as well as the legal systems of its major religious communities. The Israeli legal system is based on common law, which also incorporates facets of civil law. The Israeli Declaration of Independence asserted that a formal constitution would be written, though it has been continuously postponed since 1950. Instead, the Basic Laws of Israel function as the country's constitutional laws. Statutes enacted by the Knesset, particularly the Basic Laws, provide a framework which is enriched by political precedent and jurisprudence. Foreign and historical influences on modern-day Israeli law are varied and include the Mecelle and German civil law, religious law, and British common law. The Israeli courts have been influenced in recent years by American Law and Canadian Law and to a lesser extent by Continental Law.

<span class="mw-page-title-main">Law</span> System of rules and guidelines, generally backed by governmental authority

Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people.

The law of Pakistan is the law and legal system existing in the Islamic Republic of Pakistan. Pakistani law is based upon the legal system of British India; thus ultimately on the common law of England and Wales.

<span class="mw-page-title-main">Law of Sweden</span>

The law of Sweden is a civil law system, whose essence is manifested in its dependence on statutory law. Sweden's civil law tradition, as in the rest of Europe, is founded upon Roman law as codified in the Corpus Juris Civilis, but as developed within German law, rather than upon the Napoleonic Code. But, over time Sweden along with the other Scandinavian countries have deviated significantly from their classical Roman and German models. Instead, the Scandinavian countries together with Finland, the Faroe Islands, Greenland, Åland (self-governing) and Iceland may be said to have a special "Nordic" version of jurisprudence that is neither a truly civil law system nor a part of the British-derived common law legal system.

Sharia means Islamic law based on age-old concepts. Since the early Islamic states of the eighth and ninth centuries, Sharia always existed alongside other normative systems.

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Sources

Books