LEGAL SYSTEMS

OF THE WORLD
 WHAT IS A LEGAL SYSTEM?

A legal system is a procedure or 01

process for interpreting and  To measure how the rule
 WJP Rule
of Law of law is experienced and
enforcing the law. Index  perceived in everyday life
around the world.

05 4th 1st 02
Factor Factor
Fundamental Rights Constraints on
Government Powers 
3rd 2nd
Factor Factor
Open Government 04 03 Absence of Corruption 
2
 06
5th
Order and Security
Factor

10 Types of Contd. 6th 07

1. Civil Law legal
2. Common Law system Factor
3. Customary Law Regulatory Enforcement
4. Religious Law 8th 7th
5. Mixed Jurisdiction Factor Factor
Criminal Justice 09 08 Civil Justice
3
 Civil law systems, also called continental or Romano-Germanic legal systems. The
distinguishing feature of the civil law system is that its legal authority is organized
into written codes. 

A comprehensive A well organized

system system
WHAT THE
CIVIL LAW
IS?

A primarily legislative
An adaptable system system

In civil law countries, judges are often described as “investigators.” 

4
SALIENT FEATURES OF THE CIVIL LAW

CLEAR
EXPRESSION ADVANCE
OF RIGHTS DISCLOSURE
AND DUTIES OF RULES

SIMPLICITY ACADEMIC
AND DOCTRINE
ACCESSIBILI
TY TO THE
CITIZEN

5
Where can we find civil law?

Continental North Central & South Asia

Europe America America

Africa Pacific Mixed

Islands Jurisdictio
ns 6
Common law system includes countries are typically those that were former British
colonies or protectorates, including the United States.

Not always a written

Judicial decisions are
constitution
binding.

FEATUR
ES
Extensive freedom of Decisions on prior judici
contract al pronouncements

In a common law country, lawyers make presentations to the judge (and sometimes the
jury) and examine witnesses themselves.

7
 Civil Law Common Law
WRITTEN
1. Always CONSTITUTION 1. Not always

2. Not binding on 3rd parties JUDICIAL DECISIONS 2. Binding

3.Significant influence in some civil law WRITINGS OF LEGAL 3. Little Influence

jurisdictions SCHOLARS
FREEDOM OF 4.Extensive – only a few provisions implied
4.More limited – a number of provisions
implied by law into contractual CONTRACT by law into contractual relationship
relationship.
Customary law systems is rooted in the customs of a community. Common attributes of
customary legal systems are that customs may be unwritten, customs govern social relations,
and customs are widely accepted by the community’s members

Helpful in local
communities Secondary Sources

FEATUR
ES

Reciprocity Found in mixed legal

Duality system jurisdictions
Equilibrium

9
Religious Law. The religious law system is a legal system that is based on religious beliefs or
texts.

HINDU LAW ISLAMIC LAW (OR

SHARIA LAW)

Key
points

Eternal in nature
CANON LAW

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