Essay The Civil Law and The Religious Law

Essay The Civil Law and The Religious Law

Length: 1051 words (3 double-spaced pages)

Rating: Strong Essays

Open Document

Essay Preview


In the world the legal system are based on one of three basic systems. There is Western law which is divided into civil law and common law. Then there is Religious law. Each country has its own unique legal system that they include variations of civil, common and religious law. Some have a combination of all three.
Civil Law are based on concepts, categories, and rules derived from Roman law, with some influence of canon law, sometimes largely supplemented or modified by local custom or culture. The civil law tradition, though secularized over the centuries and placing more focus on individual freedom, promotes cooperation between human beings (PAUL M. HEBERT LAW CENTER). Whereas Common law are a body of rules that delineate private rights and remedies, and govern disputes between
individuals in such areas as contracts, property, and Family Law; distinct from criminal or public law (Rogowski, Ralf). Both Types of Laws are influence by Religious law, which I would like to talk about in this paper. Europe looked to the Catholic Church to figure how to deal with legal disputes. The Church had its own set of Law and procedures to carry it out. Faith in God and his holiness will protect the innocent.
There are 3 main types of religious law. There are Sharia in Islam, Halakha in Judaism, and canon law in most Christian groups. Muslims, Jews and Hindus believe that the god(s) they worship gives them their Law. Religious Law is meant to bring human behavior into harmony with spiritual decree. Jewish law the Halakhah is the entire body of Jewish law. It governs all aspect of life in the Jewish community from food, marriage, crime, business practices and clothing. Religious law brings a community of believers willing to abide by these...


... middle of paper ...


...ow a certain religious group I do feel like their ways is effective for them. Everyone has their own beliefs, so if one feels like that is the path they want to follow, and then I don’t think anything is wrong with that system due to our first amendment. I feel religious law is a very effective and will always be here and will always be the base of new laws to come.

Work Cited Page
• "LSU Law: Civil Law: What Is the Civil Law?" LSU Law: Civil Law: What Is the Civil Law? N.p., n.d. Web. 02 Mar. 2014.
• Rogowski, Ralf. 1996. Civil Law. New York: New York Univ. Press
• Erickson, Millard J. Christian Theology. Grand Rapids, MI: Baker Book House, 1983. Print.
• "Theocracy." Merriam-Webster. Merriam-Webster, n.d. Web. 02 Mar. 2014.
• "Religious Discrimination." Religious Discrimination. N.p., n.d. Web. 03 Mar. 2014. “http://www.eeoc.gov/laws/types/religion.cfm”

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Common Law : Common And Civil Law System Essay

- 1.a What is the meaning of the term common law and what are the characteristics of a common law system. Throughout the world there are two types of legal systems; common and civil law. The most prevalent is the Civil law system, which grew from Roman law. The less frequently occurring of the two systems is the Common Law system, with only 27% of the world’s 320 legal jurisdictions using Common Law. Common law can refer to any legal jurisdiction that is using the English system. Common law is case law, a more flexible system of law by contrast to civil law....   [tags: Common law, Law, Civil law, Statute]

Strong Essays
1537 words (4.4 pages)

The Role Of Equity Law Over Common Law Essay

- Law is usually, a structure of rules that are enforced and backed by the cohesive power of the state to govern and control the social order. Fundamentally, the law is formed through legislation, binding of precedents, decree and regulations. These sets of rules are further segregated into criminal law, civil law, common law & equity and Religious laws. This essay will discuss the origin of law and examine the usefulness of equity law over common law, analyse weakness of common laws and distinguish in the way that these two jurisdictions operate....   [tags: Common law, Law, Equity, Jury]

Strong Essays
970 words (2.8 pages)

The Common Law And The Religious Foundations Of The Rule Of Law Before Casey

- The Common Law and the Religious Foundations of the Rule of Law before Casey In light of Craig Stern’s excerpts, from the book, A Higher Law by Jeffrey A. Brauch, he writes four Christian ideas-doctrines “Four Christian ideas-doctrine in fact-are both especially important to that religion and especially important to the rule of law in the common law tradition.” Stern’s believes this formulates the doctrinal belief of the Christian faith. “The first of these is the doctrine of God himself, that is, his being and his work.” By this, Stern’s means that God is the creator of all things he is the beginning and the end....   [tags: Law, Common law, Jesus, Christianity]

Strong Essays
963 words (2.8 pages)

A Case Against Religious Exemptions Essay

- A Case Against Religious Exemptions A law can be thought of as a rule that is enforced by an organization or person, and whose purpose is to regulate social behavior. It is, however, hard to find a one-size-fits-all law that pleases everyone who has to follow it. Religious denominations have historically sought some exemption from generally applicable laws, and in many parts of the world, those exemptions have been granted. However, the bases on which these groups seek exemptions are questionable, and such immunities might not be the best foundation for sound political theory....   [tags: Islam, Religion, Religious pluralism]

Strong Essays
1415 words (4 pages)

The Legal Systems Of A Common Law System Essay

- Worldwide, the legal systems of nearly all countries are generally modelled upon five main types: civil law, common law, customary law, mixed or pluralistic law and religious law (CIA, 2015). In the CIA’s listing, Australia’s legal system is described as a “common law system” based on the English model. Historically, the common law system began in England in the 11th century with the establishment of Kings Courts by William the Conqueror. The courts presided over local disputes where local customs were applied to make decisions....   [tags: Common law, Law, Civil law, Judge]

Strong Essays
1402 words (4 pages)

Natural Law and Civil Law Essay

- Leviathan as bearer of supreme authority and nationals who posses certain inalienable rights. We should draw attention to Hobbes’ reasoning about natural law and civil or positive law. According to Hobbes they both match with scope, form and content. However, natural law, which is impartial, equitable, legitimate, and moral in natural state is not the law itself; it just disposes people to peace, mercy, and obedience. Natural law is the laws that have existed and will exist forever. Governors and judges come and go, but natural law will exist forever because it is divine law....   [tags: supreme authority, Thomas Hobbes]

Strong Essays
918 words (2.6 pages)

The Gortyn Law Code : A Series Of Civil Laws Essay

- The Gortyn law code was a series of civil laws in use at around 450 B.C.E in modern day Crete . Unlike the name suggests these laws were not a code, but specific ad hoc responses to crisis as they occurred in Gortyn and surrounding areas . The writing itself focuses on civil laws such as divorce, rape and property rights. The majority of punishments for crimes in Gortyn were monetary rather than physical pain or imprisonment, like other city states in ancient Greece. The laws themselves can also shed light on other law practices throughout Greece at this time, as many law makers would visit Gortyn and study the inscriptions....   [tags: Law, Sociology, Ancient Greece, Athens]

Strong Essays
1380 words (3.9 pages)

Chinese Religion: Tolerating Religious Freedom Under Modernization Essays

- B. DENG Xiaoping (1982-1987): Tolerating Religious Freedom Under Modernization After the death of Mao, Deng Xiaoping bought an end to class struggle and mass movement but adopted pragmatic governance to modernization and economic development. He realized China had eroded into a poverty-stricken society and stagnated economy as he acknowledged, “In a country as big and as poor as ours, if we don't try to increase production, how can we survive. How is socialism superior, when our people have so many difficulties in their lives?” In face of the urgent need to revive eroded public confidence, Deng adopted a more liberal and subtle version of religious freedom policy to unite people from al...   [tags: religious freedom, non-communists]

Strong Essays
1198 words (3.4 pages)

Deism and Changes in Religious Tolerance in America Essay

- Deism and Changes in Religious Tolerance in America       Religious conscience in America has evolved considerably since the first settlers emigrated here from Europe. Primary settlements were established by Puritans and Pilgrims who believed "their errand into the wilderness [America] was above all else a religious errand, and all institutions - town meeting, school, church, family, law-must faithfully reflect that fact" (Gaustad 61). However, as colonies grew, dissenters emerged to challenge Puritan authority; indeed, many of them left the church to join untraditional religious sects such as "the Ranters, the Seekers, the Quakers, the Antinomians, and the Familists" (Westbrook 26)....   [tags: Deism Religious Tolerance]

Strong Essays
2215 words (6.3 pages)

Essay on Civil Liberties

- From the beginning, the United States Constitution has guaranteed the American people civil liberties. These liberties have given citizens rights to speak, believe, and act freely. The Constitution grants citizens the courage to express their mind about something they believe is immoral or unjust. The question is, how far are citizens willing to extend the meanings of these liberties. Some people believe that American citizens take advantage of their civil liberties, harming those around them. On the contrary, many other people feel that civil liberties are necessary tools to fight for their Constitutional rights....   [tags: Civil Rights]

Strong Essays
1322 words (3.8 pages)