Legal Literacy - This article discusses the types of legal systems that exist and are applied in the world. Let's look at the explanation of the various legal systems in the world, and find out the differences.
Civil Law System
Basically, the legal system civil law is adhered to by Continental European countries based on Roman law. Roman law itself is sourced from the Corpus Iuris Civilis by Emperor Justinian. In its historical development, Corpus Iuris Civilis regulates laws that can satisfactorily resolve various more active economic problems and community problems that are more developed in using their land.
Roman law offers a unification of law that applies to all political units. Roman law itself is formed from various customs and socio-political institutions of Western Europe. (L. Friedman, 2009: 268).
As is known, one of the most prominent features of the civil law system is the division of law, namely private law and public law. Furthermore, in such a long historical journey, the civil law system has been greatly influenced by the doctrine of natural law. According to the doctrine of natural law, the factor of reason greatly influences the civil law system.
According to Satjipto Rahardjo (1996:240), the characteristics of the civil law system or Roman law start from the center of life and the administration of law lies in the concept of people about rules. This concept of rules is very important because it determines how legal life in a country is organized. This concept of rules is what distinguishes between the civil law system and the system common law.
The civil law system, which is based on Roman law, is sourced from elements, namely First Roman law. Second, Church law. Third, German law itself. Furthermore, a characteristic of the civil law system is that its formation began with the role of universities at that time. The period of the university's role is also commonly referred to as the Renaissance.
Another prominent feature of the civil law system is that the main source of law is legislation, commonly referred to as code law. In the civil law system, the approach used by legal experts, in this case judges, is abstract and theoretical, using a deductive method that starts from generalities and moves towards specific or concrete details.
The civil law system, as described previously, originates from human products that are then called statutory regulations or commonly referred to as written law.
Therefore, the concept of codification is the end or goal of the civil law system. When compared to the common law system, the civil law system is certainly clearer and easier in terms of written sources. It is therefore not surprising that judges in countries that adhere to the civil law system, when deciding a case, look more at written law or statutory regulations.
Judges are not bound by a case that has been previously decided, as is the case in the common law system. Judges are given the latitude to decide a case without being bound by previous judges' decisions. Judges are only bound by written rules, namely statutory regulations.
Comments (0)
Write a comment