Common Law Code 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. …show more content…

They prefer to let a guilty person go free rather than wrongly accuse and take away a defendant’s life. The United States allows the people to practice individualism. Individualism is the belief or idea of favoring individual freedom of action over collective or state control, as well as the well-developed social welfare system. An example of this is Magna Carta, which declares certain individual liberties. Being that a freeman could not be imprisoned or punished without the judgement of his peers under the law of the land- therefore establishing the right to a jury trial. Americans believe their legal system needs to ensure a fair process even if the outcomes are not fair. The focus is whether the legal code was being followed. A law that does not allow for evolution in the ideas of justice or changes of circumstances or technology, is referred to as

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