The World Systems of Law opus 908
| 1 August 2026 1103 Hours | | Law, Education, History |
We are all somehow involved with the law.
The world has five primary legal systems:
Civil law, Common law, Religious law
Customary law, and mixed or hybrid systems.
Each of the above differ significantly
In how laws are created, interpreted,
And enforced by courts.
Systems of Civil Law.
This is the most widespread legal system.
It relies mostly on comprehensive, continuously
Updated legal codes drafted by legislatures.
Case law is secondary as a source.
Judges are investigators and not arbitrators.
This method of law is known as an inquisitorial system.
France, Germany, Brazil, and Spain follow this type of law.
Common Law.
This type of law originated in England.
Judicial precedent forms the law,
Establishing legal precedents.
Judicial opinions are included with various statutes.
Two sides present their arguments adversarially,
Before a neutral jury or judge.
Higher court rulings become binding for lower courts.
(Great Britain, the USA (except LA), Australia, and India.)
Religious Law.
The basic source of legal authority
In a sacred text or theological doctrine.
The main feature is that these laws govern all aspects of life.
Globally, Sharia (Islamic law) is the most prominent along with
Halakha (Jewish law) and Canon Law (Christian).
Mostly, Sharia law is used for personal status matters,
Including marriage, divorce, and inheritance,
Alongside a secular, civil, or common law system.
Only Saudi Arabia and Vatican City
Are purely religious theocracies.
Customary Law.
A community uses old social customs, traditions,
And unwritten rules to organize this type of law.
These are old, accepted rules orally transmitted.
They are accepted from consistent observations
And mandatory conduct.
Elders or tribal leaders resolve disputes.
Localized property rights or tribal issues
Are integrated into a national legal framework.
(Indigenous Peoples and Tribal Nations,
Countries with Mixed or Hybrid Legal Systems,
The Global International Community
(Customary International Law).)
Hybrid or Mixed Legal Systems.
This is the blending of two or more legal systems,
From a history of several successive colonial inflences
Or to balance the secular with indigenous or religious traditions.
South Africa and Sri Lanka have blended
Dutch civil law with English common law.
Louisiana (USA) and Quebec (Canada) practice local civil law
For private matters, but follow national common law.
The Philippines blend Spanish civil law, US common law,
Islamic Sharia law, with indigenous customary rules.
What a kaleidoscope of legal forms has evolved.
Somehow, though, it all seems to function quite well.