World Legal System

Q1. Enumerate that how many legal systems have become functioning in the
world? Discuss sources of world legal system.

There are several legal systems functioning in the world, each with its own principles, origins, and
applications. Here are some of the major legal systems:

 Common Law: Originating in England, this system relies on judicial decisions and precedents set
by courts. It emphasizes case law and the principle of stare decisis , where courts follow
decisions made in similar cases in the past.
 Civil Law: This system, based on Roman law, is prevalent in continental Europe, Latin America,
and many parts of Asia and Africa. It relies heavily on codified laws and statutes created by
legislatures, with less emphasis on precedent compared to common law systems.
 Islamic Law (Sharia): This legal system is based on Islamic principles and interpretations of the
Quran and Hadith. It covers various aspects of life, including personal conduct, family matters,
and commercial transactions, and is implemented in countries with Muslim-majority
populations.
 Customary Law: Found in many traditional societies and indigenous communities, customary
law is based on customs, traditions, and community norms passed down through generations. It
often governs issues related to land, property, and interpersonal disputes.
 Mixed Legal Systems: Some countries have legal systems that combine elements of different
systems. For example, countries like India and South Africa have mixed legal systems that
incorporate elements of common law, civil law, and traditional/customary law.
 International Law: This legal system governs relations between sovereign states, international
organizations, and individuals across borders. It includes treaties, conventions, customary
practices, and principles recognized by the international community.

Sources of world legal systems include historical developments, cultural and religious influences,
colonization and globalization, legislative enactments, judicial decisions, and customary practices within
communities. These sources shape the laws, norms, and institutions that regulate societies and provide
frameworks for resolving conflicts and administering justice.
 Q2. Explain in detail the salient features of 'law of twelve tables' in Roman legal
system.
The Law of the Twelve Tables, also known as the Twelve Tables, was a foundational legal code in ancient
Rome. It was written around 450 BCE and played a significant role in shaping Roman law. Here are some
of its salient features:

 Public and Private Law: The Twelve Tables covered both public and private law. Public law dealt
with matters concerning the state, such as the organization of the government, elections, and
criminal offenses. Private law focused on civil matters, including property rights, contracts,
family relations, and inheritance.
 Equality before the Law: One of the fundamental principles of the Twelve Tables was the
concept of equality before the law. It established legal rights and protections for all Roman
citizens, regardless of their social status. This principle laid the foundation for the idea that all
individuals were entitled to fair treatment under the law.
 Legal Procedures: The Twelve Tables outlined various legal procedures and rules of evidence. It
provided guidelines for initiating legal actions, presenting evidence, and conducting trials. These
procedures aimed to ensure fairness and transparency in legal proceedings.
 Property Rights: The code addressed issues related to property ownership and transfer. It
established rules governing the acquisition, possession, and disposal of property, as well as the
rights and responsibilities of property owners.
 Family Law: The Twelve Tables included provisions related to family law, such as marriage,
divorce, guardianship, and inheritance. It defined the legal framework for familial relationships
and obligations.
 Contracts and Obligations: The code regulated contracts and obligations between individuals. It
set forth rules regarding the formation of contracts, the rights and duties of parties involved,
and the enforcement of contractual agreements.
 Penal Provisions: The Twelve Tables included provisions for various criminal offenses and their
corresponding penalties. It outlined punishments for offenses such as theft, assault, perjury, and
property damage.
 Enforcement and Execution: The code established mechanisms for enforcing legal decisions and
executing judgments. It prescribed procedures for enforcing court orders, collecting debts, and
carrying out judicial sentences.

Overall, the Twelve Tables represented a significant development in Roman legal history by codifying
key legal principles and procedures. It provided a foundation for the development of Roman law and
influenced legal systems throughout Europe for centuries to come.
 Q3. How you will define the term's Common law'? Discuss main sources of
common law legal system.
Common law refers to a legal system where court decisions, rather than statutes, establish legal
principles and precedents that guide future rulings. It originated in England and has been adopted by
many countries, including the United States.

The main sources of the common law legal system include:

 Case law: Court decisions, especially those from higher courts, serve as precedents for future
cases. Judges interpret statutes, regulations, and previous court decisions to resolve disputes.

 Customary law: Practices and traditions within a society can also form the basis of common law
principles. These customs are recognized and enforced by courts.

 Legal treatises and commentary: Scholarly writings by legal experts provide interpretations of
common law principles and help shape legal understanding.

 Equity: In addition to common law, equity principles developed to address situations where the
strict application of law would lead to unfairness. Equity courts emerged to provide remedies
not available under common law.

These sources collectively contribute to the evolution and application of common law principles in legal
systems around the world.

Q4. What is different between civil law and common law legal system?

Civil law and common law are two distinct legal systems with several key differences:

Civil Law Common Law

 Sources of Law  Sources of Law
 Relies more on codified laws, where  Relies heavily on case law, where judicial
statutes and codes are the primary decisions and precedents set by higher
source of law. Judges apply the law courts are binding on lower courts.
directly to the case at hand without the Judges interpret statutes and previous
same emphasis on precedent. court decisions to resolve disputes.

 Role of Precedent  Role of Precedent

 Precedent is less binding, and courts have  Precedent plays a significant role, with
more flexibility in interpreting and courts bound by decisions made in
applying laws to individual cases. While similar cases by higher courts. This
previous decisions may be considered, principle is known as stare decisis.
 they do not have the same binding effect
as in common law systems.
 Legal Education and Training  Legal Education and Training
 Legal education focuses more on  Legal education often emphasizes case
studying codes, statutes, and legal analysis and the study of judicial
theories, with less emphasis on case law decisions to understand legal principles
analysis. and reasoning.

 Role of Judges  Role of Judges

 Judges primarily apply existing laws to  Judges have more discretion in
cases, with less room for judicial interpreting laws and shaping legal
discretion. The emphasis is on applying principles through their decisions. They
the law as written rather than creating play an active role in the development of
new legal principles through case law. the law.

 Legal Procedure  Legal Procedure

 Inquisitorial system where judges play a  Adversarial system where parties present
more active role in investigating facts and evidence and arguments before an
determining the truth. impartial judge or jury.

These differences reflect the historical, cultural, and philosophical foundations of each legal system, and
they influence how laws are created, interpreted, and applied in practice.

Q5. What is mixed hybrid legal system?

A mixed or hybrid legal system incorporates elements of both civil law and common law traditions. In
such systems, legal principles and practices may be derived from multiple sources, including statutes,
case law, customary law, and sometimes religious law or indigenous legal systems.

Some characteristics of mixed or hybrid legal systems include:

 Multiple Sources of Law: These systems draw from a variety of legal sources, including codified
laws, judicial decisions, customary practices, and sometimes religious or customary laws.

 Dual Legal Traditions: Mixed legal systems often have roots in both civil law and common law
traditions. They may have inherited legal principles from former colonial powers or undergone
legal reforms that blend elements of different legal traditions.

 Flexibility in Adjudication: Judges in mixed legal systems may have the discretion to consider
both statutory law and judicial precedent when deciding cases. This can allow for a more flexible
and adaptable approach to legal interpretation.
  Legal Pluralism: Mixed legal systems may recognize and accommodate diverse legal traditions
within a single jurisdiction, such as indigenous legal systems or religious laws, alongside state
laws.

Examples of countries with mixed or hybrid legal systems include:

 South Africa: Blends elements of common law, Roman-Dutch law, and indigenous customary
law.
 Scotland: Combines elements of common law with its own distinct legal system, including
principles of Roman law.
 Quebec, Canada: Operates under a civil law system based on French civil law but also
incorporates common law principles, particularly in private law matters.

These mixed legal systems reflect historical, cultural, and geopolitical factors, and they often aim to
balance competing legal traditions within a single legal framework.