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What's the difference between common law and civil law?

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Thread replies: 34
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What's the difference between common law and civil law?
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>>78239603
civil law is CIVILized
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>>78239603
Common law - the opionion of jury matters
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Civil law is right and common law is wrong
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>>78239603
I didn't know we had sharia law in Jordan
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>>78239676
>>78239710
this

common law is basically: call some plebs (muh common sense) and let them decide.
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>>78239715
you don't, the map is shit

>Mainly based on French Civil Code and Ottoman Majalla, Islamic law applicable to family law
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>>78239603
>Quebec and Louisiana
The eternal croissant-muncher strikes again
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>>78239755
>call some plebs (muh common sense) and let them decide.

Which is there to work against political influence and corruption and take a bit of power from the state.
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>>78239971
But then the best sob story wins
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>>78239603
I'm no expert, but as a law student I'd say it's something like
Civil Law -> The written law is more important
Common Law -> The previous decisions of the judges are more important
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>>78239971
>the judicial system isn't part of the state
What did he mean by this?
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>>78240355
THIS!
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>>78239603
In general, in a civil law system, the judge interprets the law with relative freedom (in most cases there are rules of interpretation), and in the common law system the judge is tied to the precedent (meaning that if a similar case has being decided in one way, he should follow the same interpretation). Now in a civil law system, lawyers will try to prove that the interpretation that they propose is the right one (the judge can choose to follow one of those interpretations or come up with a different one), and in a precedent based system the lawyers will try to prove that the case is similar or different from the precedent.
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>>78239956
>NGtugal
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>>78241322
Not that civil law is perfect, but it seems like common law is likely to start compounding errors of decision, where at least civil law would only stray so far from a common base.

Am I making sense?
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>>78241571
Yeah, but in a way I guess common law does offer more "safety" in law. You know the precedents, you know how your case will (probably) be decided. Civil law on the other side lets every judge interpret the law the way that he wants, and no matter how literal your codes are, eventually judges start contradicting each other and themselves, leading to a general distrust in law.

Or maybe I'm just spouting bullshit here.
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>>78241745
I guess.

I guess you can compound fixes just about as much as you'd compound errors, so the civil law model is just more monolithic, while common law is more flexible. In the long term, that is.
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>>78239603
Civil law is directly inherited from the Roman Empire and based
Common law comes from retarded medieval english farmers and is utter shit
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In common law you get shit like Singaporean courts deciding based on precendents in the UK in the US. Pretty retarded.
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>>78242234
The irony is that the English Common Law as a concept really got its start when newly minted Norman aristocrats had to work out how to run local law and order without pissing off the natives, so it's as French an invention as the Napoleonic Code
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>>78242587
that's because ultimately everything is a french invention tbqh
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>>78240355
Sounds pretty reatarded, like you'r making up the law as you go along, and not even from a central authority that gets to debate it, just some random judge decides.
From what I understand common law worked ok in small communities where everybody knew eachother.
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>>78247045
but law is always kind of made up as you go, even if you write it down before, judges and lawyers are always reshaping the meaning of what's written
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>>78247494
Well, that applies to both types of law. At least with civil law you can minimize that and a central authority can decide what the law is, rather than leave it to chance pretty much.
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>>78239971
Don't bother. Continentals will never be able to accept the concept of the state being fallible.
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common law is generally for civilized people (anglos) and civil law is for disgusting plebs
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>>78239603
>civil law
>be migrant
>rape people
>get away with it in common """law""" countries cause you're a poor wittle migwant :(

Wowee yurop, you guys got us ,';^j
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>>78247990
meant civil law the second time X)~
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>>78239603
i have no idea what are those
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>>78247990
t. Mike Pacheco Pacheco
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>>78247640
This.
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>>78239956
>mixed
Just blanda upp my law fäm
>>
>>78239603
common law is based on statute and previous rulings. Civil law is based on statute.
Thread posts: 34
Thread images: 4


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