Outline
How Law is Made and Interpreted in French Civil Law System
French Civil Code of 1804
Sources of French Civil Law
Doctrine
How Law is Made and Interpreted in China
Confucianism
Legalism
How Sharia Law is Made and Interpreted in Pluralist Indonesian System
How Law is Made and Interpreted in French Civil Law System
The civil law is a branch of private law governing relations between people, whether individuals or legal entities (Sacco, 1991, p.25).
It comprises of:
1. The law of obligations (including contract law);
2. The right people;
3. The family law;
4. The right of property;
5. The law of succession.
In France, civil law is the set of issues and legal acts which fall within the civil courts (Cruz, 2007, p.50). In this sense, it is opposed to criminal law, the commercial law and administrative law. It applies mainly to individuals, but also to legal persons of private law (Elliot & Vermon, 2000, p.32).
French Civil Code of 1804
Currently, the rules of civil law come mostly from the French Civil Code, which entered into force in 1804. It is usually called "Civil Code" or "Code Napoleon" includes laws relating to French civil law, that is to say the set of rules that determine the status of people (Book I), the property (Book II) and the relationships between individuals (books III and IV) (Glenn, 2010, p.137).
Political unification of law had been tried for a long time in the society of the ancient regime, but as the kings of France did not have the power to change the civil laws, this work was done slowly by the unification of jurisprudence and doctrine studies published by jurists (Glendon et al., 2006, p.130). An important initiative was made by Louis XIV with the Edict of Saint-Germain-...
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Statutory law – this body of law is crucial to the safety of the public. How our different bodies of government function and many of the laws within them are based on the above law. The outline used for today’s society and how justice is maintained comes from this law. (Demand Media, 2011) Mainly these laws are written and set by governing authorities in response to the needs of the public or civil order. (Statutory law - Definition, 2010)
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This essay examines how Qin Penal Laws reflect the main elements of Legalism and why such beliefs were significant to the Classical Chinese society during the Classical Period. Ideally, Legalism reached its pinnacle in the late 3rd century during the era of the First Emperor of China, when King Zheng of Qin ended the subjugation of “All under Heaven” and formed the First Chinese Empire in 221 BCE (Andrea and Overfield, 2001). King Zheng forced a uniformity of law in the entire empire, which was administered by a bureaucracy that was accountable to the central authority. Visualizing an empire that would exist for centuries, King Zheng majestically styled himself as the Qin Shi Huangdi. The
Voltaire once stated, in France the traveler changed the laws as often as he changed horses. Prior to the revolution, France practiced under multiple laws and each region even used their own customs to govern. The North and South provided the greatest divide, the northern region of France practiced under customary law, whereas the South practiced under Roman law. The divide in laws within regions and throughout the entire state of France brought on turmoil and friction when the issues were brought before each region. France longed for a reform, arguing, “the law was so confusing that nobody, even the judges, were able to understand it with certainty and, therefore, people were at the mercy of the courts.” Napoleon sought to resolve the divide and unify France under the Civil Code and instate a law that individuals have legal rights and protection. Through the Civil Code, all regions and territories under France’s rule were governed under its law, thus eliminating the friction among the
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Form ancient times until now, punishment acts as an indispensable part of the legal system for each country. The penal system is an important tool which protects private ownership, guarantees civil security, and maintains political domination. China is a famous country which has been advocate criminal law since thousands of year ago. Therefore, the Chinese penal system is a valuable reference for studying the variety of punishments. We can consider the three main types of ancient Chinese punishment: imprisonment, corporal punishment, seriously, and capital punishment.
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Criminal and Civil Law – Criminal law is the law through which public commitment of crimes are prosecuted by governing bodies, whereas civil law is the law through which private parties may bring lawsuits against one another for real or imagined wrongdoings. E.g. criminal law would deal with the prosecution of a crime such as one person hitting another with their car, and civil law would deal with the lawsuit, as the person hit would sue the driver of the car for monetary compensation.
Criminal law refers to rules and statues that define conduct prohibited by the government because it endangers society. It prohibits and punishes wrongful actions. The plaintiff is the prosecutor who files the complaint and the defendant is the individual or organization who have appeared to broken the law. The purpose is to deal with the disputes between individuals and/or organizations, in which compensation is awarded to the victim. Almost always a jury is involved, who is a group of peers determining whether or not the accused is guilty.