Contrast common law, civil law, customary law, and theocratic law.

Contrast common law, civil law, customary law, and theocratic law.



Answer:

a. Common law—The United States and the United Kingdom are examples of countries with a common law system. Common law is based on tradition, precedent, custom, and usage. The courts fulfill an important role in interpreting the law according to those characteristics. In a common law country, contracts tend to be detailed, with all contingencies spelled out.

b. Civil law—Civil law is based on a detailed set of laws that make up a code. Rules for conducting business transactions are a part of the code. More than 70 countries, including Germany, France, and Japan, operate on a civil law basis. In a civil law country, contracts tend to be shorter and less specific because many of the issues that a common law contract would cover already are included in the civil code.

c. Customary law—A customary law system anchors itself in the wisdom of daily experience or, more intellectually, great spiritual or philosophical traditions. Few countries in the world today operate under a legal system that is wholly customary. Still, customary laws sometimes play a significant role, namely in matters of personal conduct, in many countries with mixed legal systems.

d. Theocratic law—A theocratic law system relies on religious and spiritual principles to define the legal environment. Religious leaders hold ultimate legal authority, applying religious law to govern social transactions. The best example of this system is Islamic law, which is prevalent in Muslim countries.


Learn More :