World Legal Systems

In the 1920s, John Henry Wigmore (1963-1943), in his role as legal historian,
wrote that three great legal systems guide the everyday lives of more than half of the
world’s population. He identified the Romano-Germanic or Civil Law system; the Islamic
system; and the Anglo-Saxon or Common Law system. Many current scholars add the
Socialist Law system as the fourth.
Romano-Germanic or Civil Law systems predominate in Europe, in the former colonies
of the European nations, and in those countries that westernized their law in the 19th and
20th centuries. In civil law system the sources recognized as
authoritative are, primarily, legislation – especially codifications in constitutions or
statutes passed by government – and custom. The major feature of civil law systems is
that the laws are organized into systematic written codes. In civil law the sources
recognized as authoritative are principally legislation - especially codifications in
constitutions or statutes enacted by governments - and secondarily, custom.
Common law and equity are legal systems where decisions by courts are explicitly
acknowledged as legal sources. The “doctrine of precedent” means that decisions by
higher courts bind lower courts.
Common law systems also rely on statutes, passed by the legislature, but may make
less of a systematic attempt to codify
their laws than in a “civil law” system.
Common law originated from England and has been inherited by almost every country
once tied to the British Empire (except Malta, Scotland, the U.S. state of Louisiana,
and the Canadian province of Quebec).
A type of legal system, often synonymous with "English common law," which is the
system of England and Wales in the UK, and is also in force in approximately 80
countries formerly part of or influenced by the former British Empire. English
common law reflects Biblical influences as well as remnants of law systems imposed
by early conquerors including the Romans, Anglo-Saxons, and Normans.
The Halacha is a code of Jewish law which summarizes some of the Talmud’s
interpretations. Nevertheless, Israeli law allows litigants to use religious laws only
if they choose. Islamic systems are prevalent in the Middle East and in those third
world countries to which the Islamic religion has spread.
Main sources of the Islamic Law system are Quran, Sunna and Ijma, which is the
Islamic judges’ interpretation and application of law.

Socialist systems are found in the former Union of Soviet Socialist Republics, in
the socialist countries of Eastern Europe, in the People’s Republic of China, in the
Republic of Cuba, and in some of the recently established third world countries.
PRACTICE EXERCISES
1. Work individually to determine the meanings of the phrases and translate
into Mongolian.
Social institutions - organized patterns of beliefs and behavior
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Universally accepted - believed or accepted by everyone with no
disagreement
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Common law jurisdiction - body of unwritten laws based on legal precedents
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Formation of law - creation and/or construction of legal norms
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Social mediator - one that mediates between parties for their interest
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Body of system of rules - a legal system
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Statutory enactment - written law passed by a body of legislature
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Codification of law - classification of law
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Binding precedent - legal rule articulated by a court, that is to be
followed
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