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Common Law vs Civil Law
Legal English - 2011/2012

Common Law vs Civil Law
Tradition Roman law Legislation Court decisions

Napoleonic Code

Case law

Continental Europe

Custom

British
Commonwealth

Codes

Precedent

Statutory law

Common Law
 Tradition  Custom  Precedent

 Court decisions
 Case Law  British Commonwealth

Civil Law
 Roman Law  Napoleonic Code  Legislation

 Codes
 Statutory law  Continental Europe

 Which Jurisdictions around the world use

which body of law?  What do you know about the histories of the two bodies?  What is the primary source of laws under each body?  Are there any jurisdictions which use a different body of law?

Which Jurisdictions around the world use which body of law?
 Common Law is used in England, Wales and

Northern Ireland, most of the USA (except Louisiana) and most of the former British Empire/Commonwealth
 Civil Law is used in most of continental

Europe. Much of the rest of the world uses either civil law or a mixture.

What do you know about the histories of the two bodies?
 Common Law originated in England.

It was institutionalized by King Henry II, who created a unified system of law which was “common” to the country.
 Civil Law is based on Roman Law, especially

Emperor Justinian’s Corpus Juris Civilis.

What is the primary source of laws under each body?
 Under Civil Law, they come from legislation.

Courts base their decisions on codes and statutes.
 Under Common Law, they are based

primarily on customs, usage and court decisions. Of course, some laws come from legislation, but such laws are seen as incursions into the common law.

Are there any jurisdictions which use a different body of law?
 There are many jurisdictions which use a

mixture, including mixtures of common or civil law with Islamic (Sharia) law or customary law.

Which system do they use in….
 Spain  Wales  Brazil  Hungary  Ireland 