Legal System in the World | International Business | From A Business Professor

Summary

This video introduces the three major legal systems globally: common law, civil law, and theocratic law. Common law relies on judicial precedents, with an adversarial court process, practiced in countries like the US and UK. Civil law, prevalent in China and Europe, emphasizes detailed legal codes and a more inquisitorial approach. Theocratic law, primarily Islamic, is based on religious teachings and governs all aspects of life, often blended with common or civil law in Muslim countries. The video invites viewers to consider which system their country follows.

Takeaways

• 📚 Legal systems vary globally, influenced by historical justice ideals.
• 👨‍⚖️ Common law relies on judicial precedents from past cases, with judges playing a significant role.
• 🏛️ In common law, statutes passed by legislatures also guide legal proceedings, with judges interpreting their application.
• 🆚 Common law systems are adversarial, with opposing parties presenting their cases before a judge.
• 🏳️‍🏴 Common law is practiced in countries like the United States, Canada, Australia, New Zealand, and the United Kingdom.
• 📚 Civil law systems prioritize detailed legal codes crafted by legislatures, with less reliance on judicial precedents.
• 👨‍🏫 Civil law relies on academic legal experts for legal interpretations, with judges focusing on applying written laws.
• 👩‍⚖️ Civil law has two types of judges: investigating judges who lead the case investigation, and trial judges who review the case file.
• 🌍 Civil law is the most popular legal system worldwide, practiced in countries like China, Japan, and many European and South American nations.
• 🕌 Theocratic law systems, such as Islamic law, are based on religious teachings and govern all aspects of life.
• 📜 Islamic law is primarily moral law, derived from the Quran and the Sunnah, with scholars debating its modern application.

Q & A

What are the three major legal systems introduced in the video?

The three major legal systems introduced in the video are common law, civil law, and theocratic law.

How is common law primarily developed?

Common law is primarily developed by judges through case-by-case court decisions, rather than through legislation enacted by a legislature.

What is the role of precedent in common law systems?

In common law systems, precedent refers to the principle that courts are bound to follow the reasoning used in prior decisions when resolving similar cases.

Do legislatures have a role in common law systems, and if so, what is it?

Yes, in common law systems, legislatures play a part by passing statutes that judges interpret and apply in individual cases.

What is the general nature of legal proceedings in common law systems?

Legal proceedings in common law systems are mostly adversarial, with two opposing parties presenting their cases before a judge.

How does the role of a judge differ in civil law systems compared to common law systems?

In civil law systems, judges are more focused on establishing the facts of the case and applying the legislature's written laws, rather than making law through decisions as in common law systems.

What is the significance of legal codes in civil law systems?

Legal codes in civil law systems are more detailed and continuously updated, serving as the primary source of law, with less reliance on judicial interpretation.

What are the two types of judges in a civil law system?

The two types of judges in a civil law system are an investigating judge, who leads the investigation of the case, and trial or sitting judges, who review the case file and preside over the trial.

What is the primary source of law in theocratic legal systems?

In theocratic legal systems, the primary source of law is religious teachings, with Islamic law being the most widely practiced in the modern world.

How is Islamic law derived in theocratic legal systems?

Islamic law is derived from the Quran, the Sunnah (sayings and decisions of Prophet Muhammad), and the writings of Islamic scholars who interpret these principles by analogy.

What is the general approach to the application of Islamic law in modern Muslim countries?

Many Muslim countries have legal systems that blend Islamic law with either common law or civil law systems, reflecting a dynamic interpretation of religious teachings in the modern context.