Common Law And Theocratic Law Essay

1540 Words 7 Pages
What are the differences between common law, civil law, customary law, and theocratic law?
At the global level international laws are of great importance and the legal systems such as common law, civil law, customary law, and theocratic law exists in different countries across the world. There are about 196 sovereign states in the United Nations Organization and each of the states follows a legal system created by them or by an agreement in the form of regional treaties and other accords.
Common law: A common law system according to Samii (2011, p. 112) is based on a traditions, judge made a precedent and usage. In common law, the past ruling, legal legislation and the explanation of the statutes is set as precedents for the courts and apply the established practices to a same set of facts. The law developed through the judgment instead of an executive or legislative statutes to a legal system that relies on constituting a precedent case law (Chand, n, d). Any time when the disputing parties disagree on what the rule is the Common law refers any past precedential decisions. The major difference between the common law and the civil law system is the doctrine of the precedent in which court applies the rulings of previous cases in the circumstances of the facts is similar. The judge ruling becomes law that is followed by future judges which is some referred as judge made law, or common law. The legacy followed by the common law is Anglo-American that is widespread in Canada,…

Related Documents