Most nations today follow one of two major le¬gal traditions: common law or civil law.
The common law tradition emerged in England during the Middle Ages and was applied within British colonies across continents.
The civil law tradition developed in continental Europe at the same time and was applied in the colonies of European impe¬rial powers such as Spain and Portugal.
Civil law was also adopted in the nineteenth and twentieth centuries by countries formerly possessing distinc¬tive legal traditions, such as Russia and Japan, that sought to reform their legal systems in order to gain economic and political power comparable to that of Western European nation-states.
To an American familiar with the terminology and process of our legal system, which is based on Eng¬lish common law, civil law systems can be unfamiliar and confusing.
Even though England had many pro¬found cultural ties to the rest of Europe in the Middle Ages, its legal tradition developed differently from that of the continent for a number of historical reasons, and one of the most fundamental ways in which they di¬verged was in the establishment of judicial decisions as the basis of common law and legislative decisions as the basis of civil law. Before looking at the history, let’s examine briefly what this means.
Most nations today follow one of two major le¬gal traditions: common law or civil law. The common law tradition emerged in England during the Middle Ages and was applied within British colonies across continents. The civil law tradition developed in continental Europe at the same time and was applied in the colonies of European impe¬rial powers such as Spain and Portugal. Civil law was also adopted in the nineteenth and twentieth centuries by countries formerly possessing distinc¬tive legal traditions, such as Russia and Japan, that sought to reform their legal systems in order to gain economic and political power comparable to that of Western European nation-states. To an American familiar with the terminology and process of our legal system, which is based on Eng¬lish common law, civil law systems can be unfamiliar and confusing. Even though England had many pro¬found cultural ties to the rest of Europe in the Middle Ages, its legal tradition developed differently from that of the continent for a number of historical reasons, and one of the most fundamental ways in which they di¬verged was in the establishment of judicial decisions as the basis of common law and legislative decisions as the basis of civil law. Before looking at the history, let’s examine briefly what this means.
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