Legal systems are ingrained in a nation's history, culture, and politics. By examining the legal
systems of five diverse countries, we aim to gain insight into how these systems operate and
the factors that have shaped them. Each country's legal system reflects its unique historical
development, influences, and societal values.
Country: France
Legal System: Civil Law System
France's adherence to a civil law system aligns with expectations, given its historical
significance as a model for legal systems around the world. The civil law system, originating
from Roman law and codified by Napoleon, has been influential in shaping legal systems
worldwide. France's embrace of this system is a testament to its legacy in the realm of
jurisprudence. The fact that France follows a civil legal system is an expected result because
it has been used as a model for many legal systems around the world. The civil corporation
system, which originated from the Roman corporation and was coded by Napoleon, had a
great influence in shaping legal systems around the world. France's embrace of this system is
a testament to its legacy in the judicial field.
Country: China
Legal System: Socialist Legal System and the Constitution of the People's Republic of China
China's legal system is notably characterized as a socialist legal system, with the Constitution
of the People's Republic of China serving as its foundational document. This unique
classification reflects China's political ideology, which is rooted in socialism. The
intertwining of law and socialism in China is emblematic of its historical and ideological
path. It is interesting to know that the Constitution of the People's Republic of China is of this
type based on socialist principles. This kind of classification comes from China's political
ideology, namely socialism. The interplay between crime and socialism in China is
emblematic of the country's historical and ideological path.
Country: Saudi Arabia
Legal System: Sharia, Islamic Law
The identification of Saudi Arabia's legal system as adhering to Sharia, Islamic law, is
entirely expected. Saudi Arabia's governance is closely tied to the Islamic religion, and as
such, its legal system is founded on the principles of Sharia. This linkage underscores the
profound connection between religion and law in the country, where Islamic jurisprudence
forms the bedrock of its legal framework. Saudi Arabia's adherence to Sharia law is expected
given the country's strong ties to Islam and its position as the birthplace of the religion. The
intertwining of religion and law highlights how deeply religious principles can permeate a
nation's legal system and societal norms.
Country: Japan
Legal System: Civil Law System Based on the German Model
Japan's legal system is described as a civil law system based on the German model, which
provides an interesting perspective. While Japan has undoubtedly been influenced by Western
culture, particularly after World War II, the strong resonance with the German legal model
may not be commonly known. This reveals Japan's complex legal heritage, reflecting a blend
of different legal traditions. It also demonstrates how legal systems can evolve and adapt
under the influence of foreign models. The fact that Japan's legal system is a civil law system
based on the German model was somewhat surprising. While it is known that Japan has been
heavily influenced by Western culture, particularly post-World War II, it was interesting to
learn about the significant impact of German legal principles on Japanese jurisprudence.
Country: South Africa
Legal System: Mixed Legal System of Roman-Dutch Civil Law, English Common Law, and
Customary Law
South Africa's legal system, a fusion of Roman-Dutch civil law, English common law, and
customary law, aligns with expectations. South Africa's legal landscape is emblematic of its
diverse historical background and the need to harmonize various legal traditions during and
after the apartheid era. The coexistence of these different legal systems in South Africa
highlights the complexities of its legal framework. It was fascinating to discover that South
Africa employs a mixed legal system incorporating elements of Roman-Dutch civil law,
English common law, and customary law. This reflects the country's complex history and its
journey towards creating a unified national identity amidst diversity. The coexistence of these
different systems underscores the complexities inherent in harmonizing various legal
traditions.
References
Central Intelligence Agency. The World Factbook. https://www.cia.gov/the-world-factbook/
Johnson, M. (2015). History and Culture of Japan.
Kritzer, H. M. (2002). Legal Systems of the World: A Political, Social, and Cultural
Encyclopedia. ABC-CLIO.
Legrand, P., & Munday, R.(2002). Comparative Legal Studies: Traditions and Transitions.
Cambridge University Press.
Van der Merwe, C.G., & Du Plessis, J.E.(2004). Introduction to the Law of South
Africa.Kluwer Law International.