Common and Civil Law Systems

Paper Summary:

This paper compares and contrasts the common and civil law systems. The author tries to identify which system is better for a democracy, finding that with the common law system there is greater public involvement and knowledge of the way the law works. It is therefore proposed that in a democracy it is fitting that a common law system should be used.

From the Paper:

"One of the main differences between common and civil law is that the former has been to a great extent been created by judicial decisions. Civil law on the other hand is a system of established, written codes. Common law judicial decisions have played a role especially in areas such as the law of property, contracts and torts. These are known as "private delicts" in civil law countries. Civil law codes on the other hand covers such topics as persons, things, obligations and inheritance. Penal codes, codes of procedure and codes covering such matters as commercial law also fall into this category of civil codes."

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