Common Vs Civil~~

Basically common law system and civil law system are used to differentiate legal systems and approaches in law. The use of the phrase ‘common law’ in this perspective refers to all those legal systems which have implemented the historic English legal system. The US in particular practices common law and many other Commonwealth and former Commonwealth countries retain a common law system including Malaysia. The phrase ‘civil law’ refers to those other jurisdictions which have adopted the European continental system of law derived essentially from ancient Roman law, but some says that is due much to the Germanic tradition.

The common difference to be made between the two systems is that the common law system liable to case-centred and hence judge-centred, permitting scope for a discretionary, practical approach to the particular problems that appear before the courts. Meanwhile, the civil law system tends to be a codified body of general abstract principles which will be in command of the implement of judicial discretion.

Posted by ahkeenz at 4:54 AM