The Civil Law And Common Law Tradition Essay

The Civil Law And Common Law Tradition Essay

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Legal codes in the judicial system is the key distinction between the civil law and common law tradition. It is the supreme source of justice in a society and is meant to provide the common good for a society. Whether or not a country is governed by a civil or common law code greatly influences the role of the judiciary system. Including the presence and role of judicial review. Given these points, civil law clashes with the theory of individualism, therefore this tradition could not work in the American system. Civil law is markedly inflexible because it is difficult to update common law to change with the times. Until relevant criminal charges are laid out or relevant civil action is initiated, there is not an opportunity for these laws and precedents to be changed.
In terms of civil law tradition countries, most judges have limited roles and court processes are driven by the legal code. Common law legal systems are rarer, and are adversarial; decisions tend to be based on precedent. Most governments in the industrialized world, including European countries, South America, Japan...

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