Families of Law

 Common law to civil law

Both common law and civil law have statutes and case law.  The systems play a similar role in regulating the human activity. They focus on social and economic objectives and they function together in ‘mixed jurisdiction’. However, the systems differ in that common law is uncodified (Brand & Getzler, 2012).  There are no legal rules and statutes since the system uses precedent to deal with constitutional court matters.  Based on law interpretation,  judges are allowed to create common law courts and rigid legal systems. Other point is that the courts law is represented with respect to the decisions made by the judicial and judicial precedent gets the power from state decision (Brand & Getzler, 2012).  

            On the other hand, civil law is codified. This means that there are legal codes which provide different categories of code law and applicable procedure of cases. In other words, courts codes provide codes and statutes   which contain the rules. On law interpretation, court does not interpret the law as laws are made by legislative branches and so judges play the role of administering the law (Brand & Getzler, 2012).  Other point is that civil law practices the Inquisitorial system where judges control the trials. On the same note, civil system has restricted debates and arguments and just results are achieved through cooperation between lawyers and judges.

The nation will enjoy some advantages after incorporating civil law. First, judges will have the opportunity to make the judicial model of civil law compatible with legal attitude.  Other point is that the nation with civil courts will enjoy the advantage of legal aid (Carter & Pocar, 2013). Civil courts also have an appeal system based on the trial judge system. In civil law system, judges do not hold the state power but rather they have moral authority which helps the nation to adapt to the legal system (Carter & Pocar, 2013).

 Before incorporating the social law, it is important for the nation to understand that civil law has a codification process, legal process, legal actors and it is a public law.  In Yang Hui’s case, the Chinese government wants to put restriction on spreading the rumors through social media. The act is regarded as a crime since citizens are not allowed to show their opinion to public. It is not possible for U.S to adopt this type of law because people are closely connected to social media and they express their opinion through the sites. Such law cannot work since everyone is concerned with other issue affecting people or nation.

 

 

 

 

 

References

Brand, P., & Getzler, J. (2012). Judges and judging in the history of the common law and civil law: From

antiquity to modern times. Cambridge: Cambridge University Press.

 

In Carter, L. E., & In Pocar, F. (2013). International criminal procedure: The interface of civil law and

common law legal systems.