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45
Topic list
 
Syllabus reference
1 The concept of global law A1(a)2 Economic systems A1(a)3 Political systems: separation of powers A1(a), (b)4 Legal systems A1(a)5 Criminal law A2(a), 2(b)6 Civil law A2(a), 2(b)7 Common law systems A2(c)(i)8 Civil law systems A2(c)(ii)9 Sharia law systems A2(c)(iii)
Economic, politicaland legal systems
Introduction
In this chapter we will be looking at the overall
context
–
economic, political andlegal
– in which international law exists. There is no all-encompassing global law assuch; instead there are
national legal systems
(of three kinds:
common law, civillaw and Sharia law
) which may be contradictory (creating the problem of
conflict oflaws
) plus some
model international laws
put together by internationalorganisations such as the United Nations. In these ways the relations between states,and between individuals in different states, are regulated.The kind of legal system used by a country depends on historical and culturalfactors, and to some extent on economic factors (whether the country has a
planned, market or mixed economy
) and political factors (whether there is
separation of powers
, and the importance of the
rule of law
). Whatever the legalsystem, we will be looking in particular at:
principles of law
,
sources of law
and
 the role of judges.
Whatever legal ideology or system prevails in a country, the law is likely tobe subdivided into different categories, usually including
criminal law andcivil law
.
Criminal law
, involves
offences prohibited by the State
, known as
crimes
.Criminal law exists in all the systems of law we discussed in the previous chapter,although what is prohibited, and therefore, a crime, will vary from state to state.
 
PART A
ESSENTIAL ELEMENTS OF LEGAL SYSTEMS
46
Introduction (continued)
Terminology surrounding
civil law
can be confusing; you should not confuse the category of civil law with the legalsystem named civil law. Civil law in this context is the
regulation of disputes arising over the rights and obligationsof persons dealing with each other
, that is, relationships in which the State has no direct role. A key example is
contracts
.First of all we shall look in general terms at
how nations have ordered their own legal systems
. We shall giveexamples of a number of nations, but we shall by no means be comprehensive in world terms. If you are studying in acountry to which we do not refer, find out the origins of your nation's legal system and compare it with the ones wediscuss. Remember this exam concentrates on
principles of law that have international significance
.
Study guide
Intellectual level
A Essential elements of legal systems1 Economic, Political and Legal Systems
(a) Explain the inter-relationship of Economic and Political and Legal systems 2(b) Explain the doctrine of the separation of powers and its impact on the legalsystem2
2 Different legal systems
(a) Differentiate between different types and different systems of law 1(b) Explain the distinction between criminal and civil law 1(c) Outline the operation of the following legal systems: 1(i) Common law(ii) Civil Law(iii) Sharia law
Exam guide
Each topic in the study guide should be regarded as highly examinable as a knowledge question on thepaper.
1 The concept of global law
 
There are some
model international laws
that regulate the relationship of sovereign states, and theirrights and duties with respect to each other. Most law, however, consists of
national laws
, whichnevertheless follow certain
common methodologies
.Exam questions on the topics in this chapter are most likely to be looking to test your knowledge andunderstanding of distinctions, and so are unlikely to be scenario-based.
 
You may be asked to list andcontrast different factors, such as the role of judges or the sources of law in the three different legalsystems.
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Exam focuspoint
 
1: ECONOMIC, POLITICAL AND LEGAL SYSTEMS
47
1.1 Model international laws and exemplar national laws
Although 'law' is a global concept, it is
usually organised on national lines
, and there is only a
limitedamount of truly international law
. In this Study Text, therefore, we shall consider some
national lawsthat have been examples
for other countries developing their legal systems and may therefore indicatethe practice of law in many countries worldwide. We shall also see
model laws that have been developedby international bodies to be truly international
, and which have been adopted by various countries sothat nations may interact with one another more easily.First of all we shall look in general terms at
how nations have ordered their own legal systems
. We shallgive examples of a number of nations, but we shall by no means be comprehensive in world terms.If you are studying in a country to which we do not make reference, find out the origins of your nation'slegal system, so that you can compare it to the ones we lay out here. Remember that you are not going tobe examined on any one nation's legal system, rather you will be examined on
principles of law that haveinternational significance
.There are
three key legal systems
or
underlying methodologies of law
operating in the world that havebeen adopted by different countries for different reasons: common law, civil law and Sharia law.
1.2 Common law
Common law
is a system named after a
historic system formulated in England
. The terminologyassociated with this system can be confusing; you will find that the legal system is named after onedistinctive source of law within itself, but that the system comprises several sources of law, many ofwhich are the same as in civil law systems. Common law systems developed in
England
, but have been
exported to many ex-British empire and Commonwealth countries
, notably, for our purposes, the
UnitedStates of America
.
1.3 Civil law
Civil law
systems originated in
continental Europe
, but have similarly been exported through worldempires and so are equally prominent in other world areas, for example,
South America
. Civil law systemsare much younger than common law ones, although they come from equally old legal heritages. We shalluse
France
and
Germany
as exemplar of these systems. Increasingly in modern times, civil and commonlaw systems share common elements, although historic differences have a conceptual impact.
1.4 Sharia law
Sharia law
is significantly different from both common and civil law systems. It is a legal system
inherently bound up in the religion of Islam
, which makes it
different in both purpose and practice
. Ithas influence in many Islamic countries worldwide, and has been adopted as a comprehensive legalsystem in some. We shall look at two exemplar countries where such adoption has taken place:
Pakistan
 and
Iran
.
1.5 The effects of economics and political systems on legal systems
Business activity
takes place within a particular
economic
,
political
and
legal context
, and each of theseareas will affect each other to an extent. The economic and political context of each nation is not the same(although many groups of nations are similar in these respects) and therefore nations' legal systems varyconsiderably from one another.
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