GROUP TWO

Influence on Civil Law Tradition

Civil Law, is codified. Countries with civil law systems have comprehensive, continuously
updated legal codes that specify all matters capable of being brought before a court, the applicable
procedure, and the appropriate punishment for each offense. Such codes distinguish between different
categories of law: substantive law establishes which acts are subject to criminal or civil prosecution,
procedural law establishes how to determine whether a particular action constitutes a criminal act, and
penal law establishes the appropriate penalty.

In a civil law system, the judge’s role is to establish the facts of the case and to apply the provisions of
the applicable code. Though the judge often brings the formal charges, investigates the matter, and
decides on the case, he or she works within a framework established by a comprehensive, codified set of
laws. The judge’s decision is consequently less crucial in shaping civil law than the decisions of legislators
and legal scholars who draft and interpret the codes.

One of the major influences on civil law tradition is the Roman law. The Roman legal
system, with its emphasis on written laws and legal principles, laid the foundation for many modern civil
law systems. The principles of equity, fairness, and the concept of justice originated from Roman law.
The Roman legal system is best known for its compilation of laws known as the Corpus Juris Civilis, or
the Body of Civil Law. It was commissioned by Emperor Justinian in the 6th century and consisted of four
major works: the Institutes, Digest, Codex, and Novels. These works codified and organized Roman legal
principles, providing a comprehensive legal framework.

Another significant influence is the Napoleonic Code, also known as the French Civil Code. It
was introduced by Napoleon Bonaparte in the early 19th century and had a profound impact on civil law
systems across Europe and beyond. The Napoleonic Code emphasized clarity, simplicity, and the
protection of individual rights. One of the key principles of the Napoleonic Code was the idea of legal
equality. It abolished many privileges based on birth and established equal treatment under the law. It
also emphasized individual rights, such as the right to property and freedom of contract.

Legal scholars and jurists have also played a crucial role in shaping civil law tradition. Their
interpretations, writings, and theories have influenced legal thinking and the development of civil law
systems. Scholars like Justinian, Gaius, and many others have contributed to the evolution of civil law.
Justinian was a Byzantine emperor who commissioned the compilation of Roman law known as the
"Corpus Juris Civilis" (Body of Civil Law). This monumental work, completed in 529 AD, served as the
foundation for civil law systems in many countries.

Additionally, historical events and societal changes have influenced civil law tradition. For
example, the Enlightenment period in Europe brought about a shift towards rationality and individual
rights, which had an impact on legal systems. Historical evidence in the form of precedents and case law
has influenced the development of civil law. Courts and legal scholars often refer to past cases to
interpret and apply legal principles. These precedents help establish consistency and predictability in the
legal system.
 Modernization and Convergence: Civil law systems are not static. Modernization efforts
have incorporated elements from common law systems, such as an increased focus on judicial
precedent in some jurisdictions. Additionally, globalization has led to a degree of convergence between
common and civil law traditions, particularly in areas of commercial law.

In conclusion, the civil law tradition has been shaped by a variety of influences throughout
history. By drawing upon these diverse influences, the civil law tradition has developed a structured and
rational legal framework, emphasizing individual rights, equality before the law, and the importance of
legal interpretation. Understanding these influences helps us appreciate the rich history and evolution
of civil law, making it a fascinating subject of study.