The importance of legal history for modern lawyering
In history to the present laws throughout the world. Not only look alike, but every country has a legal system based on the characteristics of each country that fit their society. Significant legal system, there are two legal systems are written. And not a written law. The use of the two systems and how they are different. Therefore, any use any legal system. And the way the law is the nature of the legal system chosen, it will be fair with the society of that country. Because the two systems are the evolution of the law is not the same.
System Statute Law (Civil Law System).
The legal system is a written legal system is derived from Roman law. Roman law means that the law applied in the great Byzantine (Roman Empire), which consists of major legislation. Twelve Tables Roman Law (Jus Civile) foreign law (Jus Gentium) and other laws of the great Roman Empire. Later, in the reign of Emperor Justinian 1 (Justinian I) lawyers in his days on drafting a codified civil law. By adhering to a tradition (Custom) as a basis and take the decision. Comments or legal interpretations of the law and jurisprudence scholars. Up legislation written as well. Emperor Justinian himself up in the Code of Canon Law called. "The law of Justinian" (Justinian Law) which codified a precedent for other countries. Later copied, imitated and applied the law as the law of his country. Most countries, especially in Europe. Make a call that the legal system. "European law"
In addition, there are some countries that have used a form of the Code of Canon Law is the law is the law in many collections. Subject to the same volume Rate neatly into a category. The relationship between all the law books. This so-called legal system as a "system code" (Code law) countries which are written in the law that codified primarily include Italy, Germany, France, Switzerland. And Asian countries that have been the influence of this legal system in their countries, including Japan and Thailand.
The law prohibited the introduction of the law in question. Constituted a clear written guidelines. Easy for the public to read the text of the law to understand and follow easily. Because the rules are absolute and can reference them in every department. Written laws are often enacted through a legislative process. Or legislative process For the United States Constitution requires that the Legislature has the authority to consider and approve the preparation of the law written in various forms, including constitutional law, codified in the constitution to give power to the executive. (Cabinet) in the legislation when it is necessary for the sake of the country or to the country's stability. In the form of Decree The need to enforce quickly. Beneficial for economic security, peace and public order such as the Decree on taxation and so on.
The legal system is not written (Common Law System).
The legal system is not written Or common law system Originating from England. The law has been used in England and the United States. As well as countries in the Commonwealth Britain, the terrain is mountainous and islands together are many. England territory originally consisted of several indigenous tribes such as the Comanche Anglian.
Tribal Saxon (later got together and called themselves. Anglo-Saxon) in early Anglo-Saxon around AD 1066 winner has occupied the British Isles. William is the one which is the Norman declared forfeited land in Britain is all his. Then divide the feudal lords, each loyal following. This is called the "Feudalism" the individual tribes of Britain at that time had their own local tradition. The trial began at the local level by the judge to Salhlwg. (Centered on the city of London called Westminster) were delivered to the Judicial circulating locally. Salhlwg attempt to revise the law to neutralize the so-called Common Law is applicable everywhere. And take matters customary to include it as a land trust or abuse of the trial judge to take the rules of customary law that is already adapted to the case occurred. The court shall have the authority to use discretion in adjusting to the fact that a fair trial. The judgment of the Court of Common Law system, it is the norm to judge other people. To be used as a model And valuable as law. The saying "The judges are creating law" (Judge Made Law).
The legal system of England was called the unwritten law. Or the common law system The law is mainly because of countries. There is no legal provision in the manner set forth clear guidelines as written in the law. But to impose the rule of law in the judgment of the Supreme Court judgment in the first case. By tradition, the reasons for the judgment. The tradition of each region, as well as some not. In so ruling, it is necessary to invite the local population that is well-respected both local joint hearing in court. By considering the specific facts Then decide who is guilty as charged or not. The public is invited to this so-called "jury" (Jury) if the jury found that the accused is guilty. It is the duty of the judge to consider legal questions in the next trial. But if the jury found the accused not guilty, was released from that. The judicial system of this country with the judicial system of the country of statutory law. In written legal system is the only judge who served as consider and judge. By considering both the facts and legal issues. By law related to the adjustment to the case by way of judicial interpretation. It is not necessary to have a jury sitting in judgment of a problem is the fact that the legal system of England.