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1. Origin

Common Law: Originated in England and is used in countries like the United States, Canada, and Australia.

Civil Law: Originated in continental Europe, based on Roman law, and is practiced in countries like France, Germany, and Spain.

2. Primary Source of Law

Common Law: Relies heavily on judicial precedents (case law). Judges interpret and apply past rulings to decide new cases.

Civil Law: Based on codified statutes and laws. Judges apply written laws rather than relying on previous cases.

3. Role of Judges

Common Law: Judges play an active role in shaping the law through their decisions.

Civil Law: Judges primarily interpret and enforce codified laws with less influence on developing the law.

4. Flexibility

Common Law: More flexible, as precedents can be adjusted or overruled over time.

Civil Law: More rigid, as changes typically require legislative action to amend codes.

5. Legal Proceedings

Common Law: Adversarial system where lawyers for both sides present their case, and the judge acts as a neutral arbitrator.

Civil Law: Inquisitorial system where the judge actively investigates the facts and leads the process.

6. Key Legal Documents

Common Law: Focuses on case law and judicial opinions.

Civil Law: Focuses on comprehensive legal codes that cover all possible scenarios.

7. Global Use

Common Law: Used in former British colonies and commonwealth countries.

Civil Law: Predominantly used in Europe, Latin America, and parts of Asia and Africa.

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Common Law:

- Source: Common law is primarily based on judicial decisions and precedents (case law). Courts interpret laws and their decisions become binding for future cases with similar facts.

- Development: It evolves through the decisions made by judges in individual cases. Over time, these decisions create a body of law that guides future rulings.

- Characteristics: It emphasizes flexibility and adaptability, as precedents can be overturned or modified by higher courts. The adversarial system (with opposing sides presenting their case) is commonly used.

- Countries: Primarily used in the UK, the United States (except Louisiana), Canada, Australia, and other former British colonies.

Civil Law:

- Source: Civil law is based on written codes and statutes (such as civil codes, penal codes, etc.). Legislation and codified laws are the primary sources of law, with judges playing a more interpretive role.

- Development: It is derived from Roman law and typically focuses on comprehensive legal codes that provide clear and systematic rules.

- Characteristics: The system tends to be more prescriptive and rigid, with less emphasis on judicial precedents. Judges apply the law as written rather than interpreting past case law. The inquisitorial system (where judges play an active role in investigating and determining the facts of the case) is often used.

- Countries: Predominantly used in Europe (e.g., France, Germany, Italy), Latin America, and parts of Asia and Africa.

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The country use different Law

Common Law Countries: United States, England, Canada, Australia.

Civil Law Countries: France, Germany, Japan, Russia, Brazil.

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1. Source of Law

-Common Law: Primarily based on judicial decisions and legal precedents.

-Civil Law: Based on written codes, statutes, and legal principles.

2. Role of Judges

-Common Law: Judges play an active role in shaping and interpreting the law through their decisions.

-Civil Law: Judges mainly apply existing laws and codes without creating new law.

3. Precedent

-Common Law: Legal precedents are binding and influence future decisions.

-Civil Law: Precedents are not binding, only persuasive.

4. Legal Procedure

-Common Law: Follows an adversarial system where parties present their cases before a judge.

-Civil Law: Follows an inquisitorial system where the judge actively investigates the case.

5. Jury Trials

-Common Law: Jury trials are common, especially in criminal and civil cases.

-Civil Law: Jury trials are rare and usually not used.

6. Geographic Application

-Common Law: Used in countries like England, the U.S., Canada, Australia, India, and others formerly part of the British Empire.

- Civil Law: Used in countries like France, Germany, Spain, Italy, and many nations in Latin America, Europe, and Asia.

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common law base on precedents

civil law base on document

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1. Source of Law:

Common Law: Primarily based on judicial decisions and precedents (past court rulings). Judges interpret laws and their decisions create legal precedents that future courts follow.

Civil Law: Based on written codes and statutes. Laws are usually comprehensive and detailed, and judges apply these laws to cases without relying on past decisions.

2. Role of Judges:

Common Law: Judges play a significant role in shaping the law, as their rulings create precedents that influence future decisions.

Civil Law: Judges have a more passive role. They focus on applying the written law to the facts of a case, and their decisions do not generally set precedents.

3. Case Law vs. Statutes:

Common Law: Case law (past court decisions) is a primary source of law, and legal principles evolve over time through judicial decisions.

Civil Law: Statutes and codes are the primary sources of law. Legal provisions are written down in comprehensive legal codes, and the role of case law is minimal.

4. Legal Procedure:

Common Law: Emphasizes adversarial procedures, where two opposing parties present their case, and a judge or jury makes a decision.

Civil Law: More inquisitorial in nature, with the judge actively investigating the case, gathering evidence, and guiding the proceedings.

5. Flexibility:

Common Law: More flexible, as it evolves through judicial interpretation of precedents.

Civil Law: More rigid, as it strictly adheres to the written statutes and codes, with less room for judicial interpretation.

6. Geographical Distribution:

Common Law: Predominantly used in countries like the United States, the United Kingdom, Canada, Australia, and former British colonies.

Civil Law: Common in many European countries (like France, Germany, and Italy), as well as many countries in Latin America, Asia, and Africa.

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1. Structure of the Legal System

The structure of legal sources in the Civil Law and Common Law traditions: Both legal traditions recognize sources of law including: written law, case law (precedents), customary law, equity, and legal doctrines from scholarly legal works, although they differ in the degree of importance attributed to each source.

2. Role of the Legal Profession

From the perspective of the legal profession, there are certain similarities in both traditions. This is evident in the fact that both Civil Law and Common Law systems have judges and lawyers, although their roles differ according to each legal system.

Judges: Judges are the main authorities in court proceedings. Their duty is to adjudicate and resolve cases under their jurisdiction fairly and transparently. Additionally, judges are obligated to protect and respect the Constitution and uphold justice.

Lawyers: Lawyers possess legal knowledge and professional expertise, and their role is to consult and assist clients in legal matters. Lawyers not only defend the legal rights and interests of their clients but also have a duty to protect justice and seek the truth.

III. DIFFERENCES BETWEEN CIVIL LAW AND COMMON LAW

1. Origins of the Law

Civil Law:

The Civil Law tradition originated from the community culture in Continental Europe from the 13th to the 18th century. Civil Law is heavily influenced by Roman law, particularly regarding civil relations. Major legal codes of continental Europe, such as the Napoleonic Civil Code of 1804 and the German Civil Code of 1896, were developed based on a combination of local customs and Roman law.

Roman law had a widespread influence across continental Europe. It was studied in universities in Germany, France, and other European countries and was considered a supplementary source of law, applied directly when written laws and customs did not regulate necessary social relations.

Common Law:

Common Law originated somewhat incidentally in the 13th century in England, a nation isolated from the European continent, and due to its unique circumstances. The Common Law of England developed in a centralized, isolated manner and gradually modernized.

Common Law stems from customs that later evolved into case law (precedents) and equity. Common Law is rooted in the English legal system, and as such, its systems are influenced by English law and less so by Roman law.

2. Sources of Law

Civil Law:

Civil Law places a strong emphasis on written law as the primary source of law. The order of importance of legal sources in Civil Law is as follows: written law, customary law, case law, legal doctrines, and legal principles.

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￼ | main source of Law: Case Law (Law is formed from cases) (common law)| Statutory Law (Law is formed from specific regulations) |

| | Typical representatives: England, USA | Typical representatives: France, Germany |

| ￼ | Legislative body: Parliament/National Assembly. Courts pass judgments. (Common law)| Legislative body: Parliament/National Assembly. Courts have less of a role in creating case law. |

| ￼ | Adversarial litigation between the accusing party and the defending party. Courts are considered a secondary law-making body, or a body that creates case law. Judges play a controlling role. Juries decide guilt or innocence. | Inquisitorial litigation. Courts are only bodies that apply the law. Judges and prosecutors are the ones who prove guilt or innocence. A panel of judges decides guilt or innocence.

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1. ORIGIN

Common Law: The common law tradition emerged in England during the Middle Ages and was applied within British colonies across continents.

Civil Law: The civil law tradition developed in continental Europe at the same time and was applied in the colonies of European impe- rial powers such as Spain and Portugal.

2. ROLE of JUDGES:

Common Law: common law judges create and interpret law through precedents

Civil Law: Civil law judges apply codes

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Differences between civil law and common law

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Differences between civil law and common law

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From of action:

Common: court will control the trial and take a supreme position in the trial. Acjudicator will vote to find that the crriminal is guity or not

Civil: judge and public procesutor will prove the criminal is guity or not. After all, judge and acjudicator will decided the criminal is guity or not