What Do Religious Practices Take Precedent Over Civil Law? Essay

1432 Words Apr 22nd, 2016 6 Pages
People all over the world choose to follow a certain religion – loyal to a specific deity and complying with rules, traditions, and practices of the religious community. Contrastingly, some choose not to adhere to any religion, but to identify as agnostic or atheist. However, though they may be governed by the practice of their religious group, everyone in subject to federal law. The purpose of this report is to analyze the meanings of civil law and religious practice, to examine the importance of religious practices, and to answer the question: to what extent do religious practices take precedent over civil law?

Most countries follow one of two kinds of laws – common law or civil law. Common law is uncodified, meaning it has no formal collection of legislative statutes, or laws. There are a few legal rules, however, common law relies heavily on precedent. A record of past cases is kept and, when two opposing parties go to court, a judge and jury decide what is to be done with their case. This type of law can be found in counties such as Scotland and several Scandinavian counties. Contrastingly, civil law is codified. It has a set list of legal rules and statutes that people must follow. These “codes” are regularly updated and specifically state all matters that can be brought to court, the correct process for dealing with each case, and the appropriate sentence that should be levied (The Common Law and Civil Law Traditions).
Civil law is derived from ancient Rome’s…

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