UNIT 2
Legal Systems of the World
Sources and Varieties of English
Law
Legal Systems of the World
Legal Systems of the World
Major legal systems:
1. CIVIL LAW
2. COMMON LAW
1. RELIGIOUS LAW
Legal systems of the world
CIVIL LAW (continental law)
- most widespread system, based on Roman Law (French, German
Scandinavian)
-
Main source : enacted laws (codes/statutes) – passed by legislature
-
laws provide general principles and guidelines which are applied in each
case
COMMON LAW (Anglo-Saxon law)
-
developed in England in the 11th century – UK, Ireland, USA (except
Louisiana), Canada (except Quebec), Australia, India, Hong Kong
-
Sources of common law:
a) ancient customs,
b) judicial precedents (previous court rulings)
c) enacted laws
- does not provide general principles, but court rulings
Legal systems of the world
RELIGIOUS LAW
-
Main source: a religious system or document
-
usually follows the the principles of either civil or common
-
Sharia in Islam; Halakha in Judaism
-
Afghanistan, Saudi Arabia, Oman Libya …
LEGAL SYSTEMS – often combinations of two or more systems
Israel (common, civil, Jewish), Cyprus, Louisiana (French civil +
common - federal laws; Scotland – civil + common)
Common law vs. Civil law
The common-law legal system contrasts strongly with the civil-law legal system of
Continental countries. Read the following pieces of information and decide which type
of legal system they apply to.
A central importance of enacted law/central importance of precedent
B from general rules to particular cases/from individual cases to general rules
C principles are flexible/principles are based on real facts/ in time fixed principles may not
correspond to changing circumstances / principles develop in individual cases/ general
enacted principles are applied to individual cases
Common law
A Basic characteristics of
the system
B Style of legal reasoning
C Legal principles
Continental law
The United Kingdom
How do you understand the following geografical names?
 Wales
 Great Britain
 The British Isles
 England
 Scotland
 Northern Ireland
 United Kingdom
 Ireland
The United Kingdom of Great Britain
and Northern Ireland
ENGLAND
NORTHERN IRELAND
WALES
SCOTLAND
(Great Britain)
The Republic of Ireland = a separate state
UK judicial system
UK – a unitary state made up of several separate jurisdictions
- no single unified judicial system
UK judicial system
legal system of
England and
Wales
legal system of
Scotland
legal system of
Northern
Ireland
- substantial identity on many points
- considerable differences in law and in procedure
Sources of English law
 English legal system = common law legal system
 English law – no unified structure
ENGLISH LAW
ANCIENT
CUSTOMS
JUDICIAL
PRECEDENTS
EQUITY
ENACTED
LAW (Acts of
Parliament)
EUROPEAN
LAW
CUSTOM = unwritten law established by long use
JUDICIAL PRECEDENT = a legal decision in a previous case which is considered as
an authoritative rule or pattern in future similar or analogous cases
ENACTED LAW = written law made by Parliament or another legislative body
COMMON LAW and EQUITY
-
two parallel systems of justice which exist side by side in English law
COMMON LAW (as a source of law)
-
part of law formulated, developed and administered by the old common law
courts; based on the common customs of the country - UNWRITTEN
EQUITY
-
grew up from the practice of medieval Lord Chancellors; administered by the
Court of Chancery (Lord Chancellors were not bound by judicial precedents of
common law cvourts)
-
purpose – to add to or supplement common-law rules in cases where these
were too rigid to give justice (litigants were dissatisfied withe the remedies of
common law courts)
-
gradually became more rigid; 1873 – fused with common law; since then
administered by the same courts
-
now – an indistinguishable part of English law
Principal divisions of English law
I according to the territory on which it is applied
1. DOMESTIC LAW
2. INTERNATIONAL LAW
II according to the parties involved
1. PRIVATE LAW – areas of law involving private citizens
2. PUBLIC LAW – areas of law in which the state has a
direct interest
Sources and Varieties of English
Law - Reading comprehension
I Read quickly the text to decide which heading goes with which
paragraph of the text.
(1) Common law
(2) Branches of English law
(3) English common law and Roman law
(4) No unified structure of English law/ Equity and
common law
II Read the text once again in more detail and do
comprehension check exercises on pages 8 and 9.
Sources and Varieties of English
Law - Exercises
I Match the words from BOX A and BOX B below which are most closely
connected. What is the connection between each pair of words?
BOX A
1. case law
2. justice
3. Lord Chancellor
4. common law
5. custom
6. Parliament
BOX B
a) equity
b) legislator
c) case law
d) law reports
e) Equity
f) usage
Sources and Varieties of English
Law - Exercises
Complete the following passage . For each blank space choose the correct word from
the list below. Use each word once only.
The Importance of Legislation as a Source in English and Continental Law
In many (1) continental countries much of the law is (2)__________ . For
this reason there is more written, or (3)_____________ than (4)
______________ law. In contrast, there is no general code of
(5)________________ law. Still,(6)___________ is common, and many
areas of law, e.g. (7)___________________ are codified, but
(8)______________ is the main source of the law.
partnership, enacted, continental, unwritten,
English, judicial precedent, legislation, codified
Match the following legal terms with their
definitions:
a court; a lawyer; a judicial precedent; enacted law;
legislation; a judge; the constitution; parliament
=a written law made by Parliament or another legislative body
=a place where justice is administered
=the system of fundamental principles according to which a
nation, state, corporation, or the like, is governed
=making or enacting laws
=a public officer authorized to hear and decide cases in a court
of law
=a person whose profession is to represent clients in a court of
law or to advise or act for clients in other legal matters
=a legal decision in a previous case which is considered as an
authoritative rule or pattern in future similar or analogous
cases
=a legislative body in various countries
Essential terms

common law = 1. anglosaksonsko pravo (legal system) 2. englesko običajno pravo (a
source of law)

civil law = 1. kontinentalno pravo (legal system) 2. građansko pravo (branch of law)

a custom = običaj

Roman law = rimsko pravo

the rules of equity = pravila/zakoni pravičnosti

enacted law = pisano pravo, zakonski propis (koje donosi parlament)

to enact = donijeti, propisati (od strane parlamenta)

to legislate = donijeti/donositi zakone

legislation = zakonodavstvo, donošenje zakona

legislature = zakonodavno tijelo, zakonodavna vlast

legislative = zakonodavni

judicial precedent = sudski presedan

criminal law = kazneno pravo; substantive law = materijalno pravo; family law =
obiteljsko pravo; administrative law = upravno pravo; constitutional law = ustavno
pravo; revenue law = financijsko pravo; adjectival (procedural) law = procesno pravo