HOME

TheInfoList




The contemporary national legal systems are generally based on one of four basic
systems A system is a group of interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described by its boundaries, structure and purpose and expres ...

systems
:
civil law Civil law may refer to: * Civil law (common law) Civil law is a major branch of the law.Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the law of the United ...
,
common law In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions. ''Black's Law Dictionary'' is the most-us ...
,
statutory law Statutory law or statute law is written law Torah (; he, תּוֹרָה, "Instruction", "Teaching" or "Law") has a range of meanings. It can most specifically mean the first five books (Pentateuch or Five Books of Moses) of the Hebrew B ...
,
religious law Religious law includes ethical and moral codes taught by religious tradition Religion is a social system, social-cultural system of designated religious behaviour, behaviors and practices, morality, morals, beliefs, worldviews, religious ...
or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called
comparative law Comparative law is the study of differences and similarities between the law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, ...
. Both ''civil'' (also known as ''Roman'') and ''common'' law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system.


Civil law

The source of law that is recognized as authoritative is codifications in a constitution or
statute A statute is a formal written enactment of a legislative A legislature is an assembly Assembly may refer to: Organisations and meetings * Deliberative assembly A deliberative assembly is a gathering of members (of any kind of collective) ...

statute
passed by
legislature A legislature is an assembly Assembly may refer to: Organisations and meetings * Deliberative assembly A deliberative assembly is a gathering of members (of any kind of collective) who use parliamentary procedure Parliamentary procedure i ...
, to amend a code. While the concept of codification dates back to the
Code of Hammurabi The Code of Hammurabi is a Babylonian legal text composed 1755–1750 BC. It is the longest, best-organised, and best-preserved legal text from the ancient Near East. It is written in the Old Babylonian dialect of Akkadian, purportedly by Ham ...

Code of Hammurabi
in
Babylon Babylon was the capital city of the ancient Babylonian empire, which itself is a term referring to either of two separate empires in the Mesopotamian area in antiquity. These two empires achieved regional dominance between the 19th and 15th centu ...

Babylon
ca. 1790 BC, civil law systems derive from the
Roman Empire The Roman Empire ( la, Imperium Rōmānum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Republican Republican can refer to: Political ideology * An advocate of a republic, a type of governme ...

Roman Empire
and, more particularly, the ''
Corpus Juris Civilis The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I Justinian I (; la, Flavius Petrus Sabbatius I ...
'' issued by the Emperor
Justinian Justinian I (; la, Flavius Petrus Sabbatius Iustinianus; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is marked by the ambitious but only pa ...

Justinian
ca. AD 529. This was an extensive reform of the law in the
Byzantine Empire The Byzantine Empire, also referred to as the Eastern Roman Empire, or Byzantium, was the continuation of the Roman Empire The Roman Empire ( la, Imperium Rōmānum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn ...

Byzantine Empire
, bringing it together into codified documents. Civil law was also partly influenced by
religious law Religious law includes ethical and moral codes taught by religious tradition Religion is a social system, social-cultural system of designated religious behaviour, behaviors and practices, morality, morals, beliefs, worldviews, religious ...
s such as
Canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler A ruler, sometimes called a rule or line gauge, is a device used in geometry and technical drawing, as well as the engineering and construction industries, to measure dis ...
and
Islamic law Sharia (; ar, شريعة, sharīʿa ) is a religious law Religious law includes ethical and moral codes taught by religious traditions. Different religious systems hold sacred law in a greater or lesser degree of importance to their beli ...
. Civil law today, in theory, is interpreted rather than developed or made by judges. Only
legislative A legislature is an assembly Assembly may refer to: Organisations and meetings * Deliberative assembly A deliberative assembly is a gathering of members (of any kind of collective) who use parliamentary procedure Parliamentary procedure i ...
enactments (rather than legal
precedent A precedent is a principle or rule established in a previous legal case A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based ...
s, as in common law) are considered legally binding. Scholars of
comparative law Comparative law is the study of differences and similarities between the law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, ...
and economists promoting the
legal origins theory The legal origins theory claims that the two main legal traditions or origins, civil law and common law, crucially shape lawmaking and dispute adjudication and have not been reformed after the initial exogenous transplantation by Europeans. Theref ...
usually subdivide civil law into four distinct groups: * French civil law: in France, the
Benelux The Benelux Union ( nl, Benelux Unie; french: Union Benelux; lb, Benelux-Unioun), also known as simply Benelux, is a politico ''Politico'', known originally as ''The Politico'', is an American political journalism Political journalism i ...

Benelux
countries, Italy, Romania, Spain and former colonies of those countries; * German civil law: in Germany, Austria, Russia, Switzerland, Estonia, Latvia, Bosnia and Herzegovina, Croatia, Kosovo*, North Macedonia, Montenegro, Slovenia, Serbia, Greece,
Portugal Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country A country is a distinct territorial body or political entity A polity is an identifiable political entity—any group of people who ...

Portugal
and its former colonies, Turkey, and East Asian countries including Japan, South Korea, and Taiwan (Republic of China); * Scandinavian civil law: in Denmark, Norway, and Sweden. As historically integrated into the Scandinavian cultural sphere, Finland and Iceland also inherited the system. *
Chinese law Chinese law is one of the oldest legal traditions in the world. The core of modern Chinese law is based on Germanic-style Civil law (legal system), civil law, socialist law, and Traditional Chinese law, traditional Chinese approaches. For mo ...
: a mixture of civil law and
socialist law Socialist law or Soviet law denotes a general type of legal system The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. Howe ...
in use in the People's Republic of China. However, some of these legal systems are often and more correctly said to be of hybrid nature: *Napoleonic to Germanistic influence ( Italian civil law) The
Italian Italian may refer to: * Anything of, from, or related to the country and nation of Italy ** Italians, an ethnic group or simply a citizen of the Italian Republic ** Italian language, a Romance language *** Regional Italian, regional variants of the ...

Italian
civil code of 1942 replaced the original one of 1865, introducing germanistic elements due to the geopolitical alliances of the time. The Italian approach has been imitated by other countries including
Portugal Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country A country is a distinct territorial body or political entity A polity is an identifiable political entity—any group of people who ...

Portugal
(1966), the
Netherlands ) , national_anthem = ( en, "William of Nassau") , image_map = EU-Netherlands.svg , map_caption = , image_map2 = BES islands location map.svg , map_caption2 = , image_map3 ...

Netherlands
(1992),
Lithuania Lithuania (; lt, Lietuva ), officially the Republic of Lithuania ( lt, Lietuvos Respublika, links=no), is a country in the Baltic region The terms Baltic Sea Region, Baltic Rim countries (or simply Baltic Rim), and the Baltic Sea countr ...
(2000),
Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At 8.5 million square kilometers (3.2 million square miles) and with over 211 mill ...

Brazil
(2002) and
Argentina Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country located mostly in the southern half of South America. Sharing the bulk of the Southern Cone with Chile to the west, the country is also bordered ...

Argentina
(2014). Most of them have innovations introduced by the Italian legislation, including the unification of the
civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit *Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a member ...
and commercial codes. *Germanistic to Napoleonic influence ( Swiss civil law) The
Swiss civil code ; french: Code civil suisse (CC); it, Codice civile svizzero (CC); rm, Cudesch civil svizzer , date_created = , date_presented = , date_ratified = 10 December 1907 , date_effective = 1 January 1912 (current versio ...
is considered mainly influenced by the German civil code and partly influenced by the French civil code. The civil code of the
Republic of Turkey Turkey ( tr, Türkiye ), officially the Republic of Turkey, is a country located mainly on Anatolia Anatolia,, tr, Anadolu Yarımadası), and the Anatolian plateau. also known as Asia Minor, is a large peninsula in Western Asia and ...
is a slightly modified version of the Swiss code, adopted in 1926 during
Mustafa Kemal Atatürk Kemal Atatürk (or alternatively written as Kamâl Atatürk, Mustafa Kemal Pasha Pasha or Paşa ( ota, پاشا; tr, paşa; sq, Pashë; ar, باشا), in older works sometimes anglicized as bashaw, was a higher rank in the Ottoman O ...

Mustafa Kemal Atatürk
's presidency as part of the government's progressive reforms and secularization. A comprehensive list of countries that base their legal system on a codified civil law follows:


Common law

Common law and
equity Equity may refer to: Finance, accounting and ownership *Equity (finance), ownership of assets that have liabilities attached to them ** Stock, equity based on original contributions of cash or other value to a business ** Home equity, the differe ...
are systems of law whose sources are the decisions in cases by judges. In addition, every system will have a legislature that passes new laws and statutes. The relationships between statutes and judicial decisions can be complex. In some jurisdictions, such statutes may overrule judicial decisions or codify the topic covered by several contradictory or ambiguous decisions. In some jurisdictions, judicial decisions may decide whether the jurisdiction's constitution allowed a particular statute or statutory provision to be made or what meaning is contained within the statutory provisions. The common law developed in England, influenced by
Anglo-Saxon The Anglo-Saxons were a who inhabited . They traced their origins to the 5th century settlement of incomers to Britain, who migrated to the island from the coastlands of . However, the of the Anglo-Saxons occurred within Britain, and the ide ...
law and to a much lesser extent by the
Norman conquest of England The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England England is a that is part of the . It shares land borders with to its west and to its north. The lies northwest of England and the to ...
, which introduced legal concepts from
Norman lawNorman law refers to the customary law of the Duchy of Normandy The Duchy of Normandy grew out of the 911 Treaty of Saint-Clair-sur-Epte between King Charles III of West Francia and the Viking leader Rollo. The duchy was named for its inhabitants ...
, which, in turn, had its origins in
Salic law#REDIRECT Salic law The Salic law ( or ; la, Lex salica), or the was the ancient Salian Franks, Salian Frankish Civil law (legal system), civil law code compiled around AD 500 by the first Frankish King, Clovis I, Clovis. The written text is in La ...
. Common law was later inherited by the
Commonwealth of Nations The Commonwealth of Nations, generally known simply as the Commonwealth, is a political association of 54 member states, almost all of which are former territories A territory is an administrative division, usually an area that is under the ...

Commonwealth of Nations
, and almost every former colony of the
British Empire The British Empire was composed of the dominions, Crown colony, colonies, protectorates, League of Nations mandate, mandates, and other Dependent territory, territories ruled or administered by the United Kingdom and its predecessor states. ...

British Empire
has adopted it (
Malta Malta ( , , ), officially known as the Republic of Malta ( mt, Repubblika ta' Malta ) and formerly Melita, is a Southern European island country consisting of an archipelago in the Mediterranean Sea. It lies south of Italy, east of Tunisi ...

Malta
being an exception). The doctrine of ''stare decisis'', also known as ''case law'' or ''
precedent A precedent is a principle or rule established in a previous legal case A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based ...
by courts'', is the major difference to codified civil law systems. Common law is practiced in
Canada Canada is a country in the northern part of North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean, Atlantic to the Pacific Ocean, Pacific and northward into the Arctic Oce ...
(excluding
Quebec ) , image_shield=Armoiries du Québec.svg , image_flag=Flag of Quebec.svg , coordinates= , AdmittanceDate=July 1, 1867 , AdmittanceOrder=1st, with New Brunswick ("Hope restored") , image_map = New Brunswick in Canada 2.svg , ...
),
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
,
New Zealand New Zealand ( mi, Aotearoa ''Aotearoa'' (; commonly pronounced by English English usually refers to: * English language English is a West Germanic languages, West Germanic language first spoken in History of Anglo-Saxon Engl ...
, most of the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain,Usage is mixed. The Guardian' and Telegraph' use Britain as a synonym for the United Kingdom. Some prefer to use Britain as shorth ...
( England, Wales, and
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster-ScotsUlster Scots, also known as Scotch-Irish, may refer to: * Ulster Scots people The Ulster Scots (Ulster-Scots The Ulster Scots (Ulster Scots dialects, Ulster- ...
),
South Africa South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. With over Demographics of South Africa, 60 million people, it is the world's List of countries by population, 23rd-most ...
,
Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic. It is separated from Great Britain to its east by the North Channel (Great Britain and Ireland), North Channel, the Irish Sea ...
,
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...
(excluding
Goa Goa () is a state on the southwestern coast of India India (Hindi: ), officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by population, second-most populous country, the ...
),
Pakistan Pakistan, . Pronounced variably in English as , , , and . officially the Islamic Republic of Pakistan, is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a popul ...
,
Hong Kong Hong Kong (; , ), officially the Hong Kong Special Administrative Region of the People's Republic of China (HKSAR), is a List of cities in China, city and Special administrative regions of China, special administrative region of China on the ...
, the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
(on state and territorial levels excluding
Louisiana Louisiana (Standard French Standard French (in French: ''le français standard'', ''le français normé'', ''le français neutre'' eutral Frenchor ''le français international'' nternational French is an unofficial term for a standard ...
and
Puerto Rico Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico) is a Caribbean island and Unincorporated ...
),
Bangladesh Bangladesh (, bn, বাংলাদেশ, ), officially the People's Republic of Bangladesh, is a country in South Asia South Asia is the southern region of Asia, which is defined in both geography, geographical and culture, ethno-c ...
, and many other places. Several others have adapted the common law system into a mixed system; For example, Nigeria operates largely on a common law system in the southern states and at the federal level, but also incorporates religious law in the northern states. In the
European Union The European Union (EU) is a political and economic union of member states that are located primarily in Europe Europe is a which is also recognised as part of , located entirely in the and mostly in the . It comprises the wester ...

European Union
, the takes an approach mixing civil law (based on the treaties) with an attachment to the importance of case law. One of the most fundamental documents to shape common law is the English
Magna Carta (Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a Royal charter, royal charter of rights agreed to by King John of England at Runnymede, near Windsor, Berkshire, Windsor, on ...

Magna Carta
, which placed limits on the power of the English Kings. It served as a kind of medieval bill of rights for the aristocracy and the judiciary who developed the law.


Religious law

Religious law refers to the notion of a religious system or document being used as a legal source, though the methodology used varies. For example, the use of Judaism and ''
halakha ''Halakha'' (; he, הֲלָכָה, ), also transliterated Transliteration is a type of conversion of a text from one script Script may refer to: Writing systems * Script, a distinctive writing system, based on a repertoire of specific ...
'' for public law has a static and unalterable quality, precluding amendment through legislative acts of government or development through judicial precedent; Christian
canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler A ruler, sometimes called a rule or line gauge, is a device used in geometry and technical drawing, as well as the engineering and construction industries, to measure dis ...
is more similar to
civil law Civil law may refer to: * Civil law (common law) Civil law is a major branch of the law.Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the law of the United ...
in its use of
codes In communications and information processing, code is a system of rules to convert information—such as a letter (alphabet), letter, word, sound, image, or gesture—into another form, sometimes data compression, shortened or secrecy, secret, f ...
; and Islamic
sharia Sharia (; ar, شريعة, sharīʿa ) is a religious law Religious law includes ethical Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong action ...
law (and ''
fiqh ''Fiqh'' (; ar} ) is Islamic jurisprudence. Muhammad-> Sahabah, Companions-> Tabi‘un, Followers-> Fiqh. The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, dee ...
'' jurisprudence) is based on legal
precedent A precedent is a principle or rule established in a previous legal case A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based ...
and reasoning by
analogy Analogy (from Greek#REDIRECT Greek Greek may refer to: Greece Anything of, from, or related to Greece Greece ( el, Ελλάδα, , ), officially the Hellenic Republic, is a country located in Southeast Europe. Its population is approximate ...

analogy
(''
qiyas In Islamic jurisprudence ''Fiqh'' (; ar} ) is Islam Islam (;There are ten pronunciations of ''Islam'' in English, differing in whether the first or second syllable has the stress, whether the ''s'' is or , and whether the ''a'' is p ...

qiyas
''), and is thus considered similar to
common law In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions. ''Black's Law Dictionary'' is the most-us ...
. The main kinds of religious law are
sharia Sharia (; ar, شريعة, sharīʿa ) is a religious law Religious law includes ethical Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong action ...
in Islam, ''
halakha ''Halakha'' (; he, הֲלָכָה, ), also transliterated Transliteration is a type of conversion of a text from one script Script may refer to: Writing systems * Script, a distinctive writing system, based on a repertoire of specific ...
'' in Judaism, and
canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler A ruler, sometimes called a rule or line gauge, is a device used in geometry and technical drawing, as well as the engineering and construction industries, to measure dis ...
in some Christian groups. In some cases these are intended purely as individual moral guidance, whereas in other cases they are intended and may be used as the basis for a country's legal system; the latter was particularly common during the
Middle Ages In the history of Europe The history of Europe concerns itself with the discovery and collection, the study, organization and presentation and the interpretation of past events and affairs of the people of Europe since the beginning of ...
. ''Halakha'' is followed by
Orthodox Orthodox, Orthodoxy, or Orthodoxism may refer to: Religion * Orthodoxy, adherence to accepted norms, more specifically adherence to creeds, especially within Christianity and Judaism, but also less commonly in non-Abrahamic religions like Neo-paga ...
and
Conservative Conservatism is an aesthetic Aesthetics, or esthetics (), is a branch of philosophy that deals with the nature of beauty and taste (sociology), taste, as well as the philosophy of art (its own area of philosophy that comes out of aest ...
Jews in both ecclesiastical and civil relations. No country is fully governed by ''halakha'', but two Jewish people may decide, because of personal belief, to have a dispute heard by a Jewish court, and be bound by its rulings. The Islamic legal system, consisting of
sharia Sharia (; ar, شريعة, sharīʿa ) is a religious law Religious law includes ethical Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong action ...
(Islamic law) and ''
fiqh ''Fiqh'' (; ar} ) is Islamic jurisprudence. Muhammad-> Sahabah, Companions-> Tabi‘un, Followers-> Fiqh. The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, dee ...
'' (Islamic jurisprudence), is the most widely used
religious law Religious law includes ethical and moral codes taught by religious tradition Religion is a social system, social-cultural system of designated religious behaviour, behaviors and practices, morality, morals, beliefs, worldviews, religious ...
system, and one of the three most common legal systems in the world alongside common law and civil law. It is based on both
divine law Divine law is any body of law that is perceived as deriving from a Transcendence (religion), transcendent source, such as the will of God or godsin contrast to man-made law or to secular law. According to Angelos Chaniotis and Rudolph F. Peters, di ...
, derived from the hadith of the Quran and Sunnah, and the rulings of ''
ulema In Islam, the ''ulama'' (; ar, علماء ', singular ', "scholar", literally "the learned ones", also spelled ''ulema''; feminine: ''alimah'' ingularand ''uluma'' lural are the guardians, transmitters, and interpreters of religious ...
'' (jurists), who use the methods of ''
ijma Ijmāʿ ( ar, إجماع) is an Arabic term referring to the consensus Consensus decision-making or consensus politics (often abbreviated to ''consensus'') is group decision-making processes in which participants develop and decide on prop ...
'' (consensus), ''
qiyas In Islamic jurisprudence ''Fiqh'' (; ar} ) is Islam Islam (;There are ten pronunciations of ''Islam'' in English, differing in whether the first or second syllable has the stress, whether the ''s'' is or , and whether the ''a'' is p ...

qiyas
'' (analogical deduction), ''
ijtihad ''Ijtihad'' ( ar, اجتهاد ', ; lit. physical or mental ''effort'', expended in a particular activity) is an Islam Islam (; ar, اَلْإِسْلَامُ, al-’Islām, "submission o God Oh God may refer to: * An exclamation; si ...
'' (research), and ''
urf ( ar, العرف) is an Arabic Islamic term referring to the custom, or 'knowledge', of a given society. To be recognized in an Islamic society, must be compatible with the Sharia law.H. Patrick Glenn, ''Legal Traditions of the World''. Oxfo ...
'' (common practice) to derive fatwā (legal opinions). An ''ulema'' was required to qualify for an ''
ijazah An ''ijazah'' ( ar, الإِجازَة, "permission", "authorization", "license"; plural: ''ijazahs'' or ''ijazat'') is a license authorizing its holder to transmit a certain text or subject, which is issued by someone already possessing such au ...

ijazah
'' (
legal Law is a system A system is a group of interacting Interaction is a kind of action that occurs as two or more objects have an effect upon one another. The idea of a two-way effect is essential in the concept of interaction, as oppose ...

legal
doctorate A doctorate (from Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the power of the Roman Republ ...

doctorate
) at a ''
madrasa Madrasa (, also , ; Arabic Arabic (, ' or , ' or ) is a Semitic language The Semitic languages are a branch of the Afroasiatic language family originating in the Middle East The Middle East is a list of transcontinental cou ...

madrasa
'' (
law school A law school (also known as a law centre or college of law) is an institution specializing in legal education Legal education is the education of individuals in the principles, practices, and theory of law Law is a system A syste ...
or
college A college (Latin Latin (, or , ) is a classical language A classical language is a language A language is a structured system of communication Communication (from Latin ''communicare'', meaning "to share" or "to be in rel ...

college
) before they could issue ''fatwā''. During the
Islamic Golden Age The Islamic Golden Age was a period of cultural, economic, and scientific flourishing in the history of Islam The history of Islam concerns the political, social, economic, and cultural developments of Muslim world, Islamic civilization. M ...
, classical Islamic law may have had an influence on the development of common law and several civil law institutions. Sharia law governs a number of Islamic countries, including Saudi Arabia and Iran, though most countries use Sharia law only as a supplement to national law. It can relate to all aspects of civil law, including property rights, contracts, and public law.


Pluralistic systems


Civil law and canon law

Canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler A ruler, sometimes called a rule or line gauge, is a device used in geometry and technical drawing, as well as the engineering and construction industries, to measure dis ...
is not divine law, properly speaking, because it is not found in revelation. Instead, it is seen as human law inspired by the word of God and applying the demands of that revelation to the actual situation of the church.
Canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler A ruler, sometimes called a rule or line gauge, is a device used in geometry and technical drawing, as well as the engineering and construction industries, to measure dis ...
regulates the internal ordering of the
Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptised Baptism (from the Greek language, Greek noun βάπτισμα ''báptisma'') is a Christians, Christian ...
, the
Eastern Orthodox Church The Eastern Orthodox Church, also called the Orthodox Church, is the second-largest Christian church, with approximately 220 million baptised members. It operates as a communion Communion may refer to: Religion * The Eucharist (also cal ...
and the
Anglican Communion The Anglican Communion is the third largest Christian communion Communion may refer to: Religion * The Eucharist (also called the Holy Communion or Lord's Supper), the Christian rite involving the eating of bread and drinking of wine, re ...
. Canon law is amended and adopted by the legislative authority of the church, such as councils of bishops, individual bishops for their respective sees, the
Pope The pope ( la, papa, from el, πάππας, translit=pappas, "father"), also known as the supreme pontiff () or the Roman pontiff (), is the bishop of Diocese of Rome, Rome, chief pastor of the worldwide Catholic Church, and head of state o ...

Pope
for the entire Catholic Church, and the British Parliament for the
Church of England The Church of England (C of E) is a Christian church Christian Church is a Protestant Protestantism is a form of Christianity that originated with the 16th-century Reformation, a movement against what its followers perceived to be Critic ...
.


Civil law and common law


Civil law and sharia law


Common law and sharia law


By geography

Despite the usefulness of different classifications, every legal system has its own individual identity. Below are groups of legal systems, categorised by their
geographic location In geography Geography (from Greek: , ''geographia'', literally "earth description") is a field of science devoted to the study of the lands, features, inhabitants, and phenomena of the Earth and planets. The first person to use the wo ...

geographic location
.


See also

*
Anarchist law Anarchist law is a body of norms regarding behavior and decision-making that might be operative in an anarchist community. The term is used in a series of ongoing debates within the various branches of anarchist theory regarding if and how norms ...
*
Comparative law Comparative law is the study of differences and similarities between the law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, ...
*
English common law English law is the common law In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions. ''Black' ...
* International customary law *
Sharia Sharia (; ar, شريعة, sharīʿa ) is a religious law Religious law includes ethical Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong action ...
*
Qanun (law) Qanun is an Arabic word ( ar, قانون, ''qānūn''; ota, قانون, ''kānūn'', derived from grc, κανών ''kanōn'', which is also the root for the modern English word "canon Canon or Canons may refer to: Places * Canon, Georgia Canon ...
*
Legal pluralism Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described by its boundaries, ...
**'' Journal of Legal Pluralism'' *
Rule of law The rule of law is defined in the ''Oxford English Dictionary The ''Oxford English Dictionary'' (''OED'') is the principal of the , published by (OUP). It traces the historical development of the English language, providing a compreh ...

Rule of law
*
Rule According to Higher Law The rule according to a higher law is a statement which expresses that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice. Thus, ''the rule accor ...
*
Socialist law Socialist law or Soviet law denotes a general type of legal system The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. Howe ...
*
Soviet law The Law of the Soviet Union was the law as it developed in the Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a that spanned during its existence from 1922 to 1991. It was nominally a of ...
*
Tribal sovereignty 300px, Map of the contiguous United States with reservation lands excluded as of 2003 Tribal sovereignty in the United States is the concept of the inherent authority of indigenous tribes to govern themselves within the borders of the Uni ...
*
Western law Western law comprises the legal traditions of Western culture Western culture, also known as Western civilization, Occidental culture, or Western society, is the heritage Heritage may refer to: History and society * In history History ( ...
*
Comparative law wiki Comparative law wikis are wiki A wiki ( ) is a hypertext Douglas Engelbart in 2009, at the 40th anniversary celebrations of "The Mother of All Demos" in San Francisco, a 90-minute 1968 presentation of the NLS (computer system)">N ...
*
Legal education Legal education is the education of individuals in the principles, practices, and theory of law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a ...


References


Citations


Sources

; Books * Moustaira Elina N., ''Comparative Law: University Courses (in Greek)'', Ant. N. Sakkoulas Publishers, Athens, 2004, . * Moustaira Elina N., ''Milestones in the Course of Comparative Law: Thesis and Antithesis (in Greek)'', Ant. N. Sakkoulas Publishers, Athens, 2003, . * Palmer, Vernon Valentine, Mohamed Y. Mattar, & Anna Kopper, eds. ''Mixed Legal Systems, East and West''. Farnham–Burlington, VT: Ashgate, 2014.


External links


World Legal Systems
Website of the Faculty of Law of the University of Ottawa

{{Authority control Comparative law
List A ''list'' is any set of items. List or lists may also refer to: People * List (surname)List or Liste is a European surname. Notable people with the surname include: List * Friedrich List (1789–1846), German economist * Garrett List (194 ...
*