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

Business School 101

19 Jun 202105:27

Summary

TLDRThis 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.

Outlines

00:00

📚 Introduction to Global Legal Systems

This paragraph introduces the concept of legal systems and their variations across different countries. It highlights that while legal systems develop uniquely, they share similarities rooted in historical ideals of justice. The video will focus on three major legal systems: common law, civil law, and theocratic law. Common law is characterized by judge-made law through precedents, where courts are bound by previous decisions in similar cases. It also mentions the role of legislatures in common law systems, the adversarial nature of legal proceedings, and the involvement of juries. The paragraph concludes by listing countries that practice common law.

05:01

🏛 Civil Law and Theocratic Law Systems Explained

The second paragraph delves into the civil law system, which emphasizes detailed legal codes created by legislatures and less reliance on judicial interpretation. It contrasts the roles of judges in civil law with those in common law, describing the civil law judge's function in establishing facts and applying written laws. The paragraph also introduces the concept of an investigating judge and the pre-trial focus of civil law systems. It notes the prevalence of civil law as the most widely practiced system globally, mentioning China, Japan, and most European and South American countries as examples. The paragraph concludes with a brief mention of theocratic law, where religious teachings form the basis of legal systems, primarily focusing on Islamic law in modern times. It describes the foundations of Islamic law, its moral intent, and the blend of Islamic law with common or civil law systems in many Muslim countries.

Mindmap

Keywords

💡Legal Systems

Legal systems are the set of laws and regulations that govern a society, including the mechanisms for their enforcement. In the video, three major legal systems are discussed: common law, civil law, and theocratic law. These systems vary in how laws are created, interpreted, and applied, and they reflect different historical and cultural influences on justice ideals.

💡Common Law

Common law is a legal system where much of the law is derived from judicial decisions, known as precedents. This system is characterized by the principle that courts must follow the legal reasoning of previous similar cases. The video mentions that common law relies on statutes passed by the legislature and judges interpreting these laws, with legal proceedings being adversarial in nature.

💡Precedent

Precedent in the context of common law refers to a principle that requires courts to adhere to the legal reasoning of prior decisions when deciding similar cases. This concept is crucial in common law systems as it ensures consistency and predictability in the application of law, as illustrated in the video when discussing how judges in common law systems are bound to follow the reasoning used in prior decisions.

💡Statutes

Statutes are laws enacted by a legislative body, such as a parliament or congress. In common law systems, statutes play a significant role alongside judicial precedents. The video explains that common law systems rely on statutes passed by the legislature, which judges then interpret and apply in individual cases, highlighting the balance between legislative and judicial law-making.

💡Adversarial System

An adversarial system is a legal framework where two opposing parties present their cases before a judge, who acts as a neutral arbiter. The video describes common law systems as being mostly adversarial, with attorneys actively representing their clients, presenting evidence, and arguing their cases in court, as opposed to inquisitorial systems where the judge plays a more investigative role.

💡Civil Law

Civil law is a legal system that emphasizes detailed legal codes crafted by the legislature. Unlike common law, civil law systems rely less on judicial decisions and more on written statutes. The video notes that civil law statutes are often more detailed and continuously updated, with judges in these systems focusing on applying the legislature's written laws to individual cases.

💡Investigating Judge

In civil law systems, an investigating judge is a judicial officer who leads the investigation of a case, gathering evidence and establishing facts before the trial. The video explains that this role is distinct from that of a trial judge, emphasizing the importance of pre-trial investigation in civil law systems, where the trial itself may be relatively brief.

💡Theocratic Law

Theocratic law is a legal system based on religious teachings, where the law is derived from religious texts and interpretations. The video mentions that Islamic law is the most widely practiced form of theocratic law, with its foundation in the Quran and the Sunnah, the sayings and decisions of Prophet Muhammad. This system is primarily moral and intended to govern all aspects of life.

💡Quran

The Quran is the holy book of Islam, which serves as the primary source of Islamic law. The video explains that Islamic law is based on the Quran, along with the Sunnah, which are the sayings and actions of Prophet Muhammad. These texts provide the foundational principles that guide the legal system in countries practicing theocratic law.

💡Sunnah

The Sunnah refers to the practices, sayings, and teachings of Prophet Muhammad, which serve as a secondary source of Islamic law alongside the Quran. The video highlights the importance of the Sunnah in deriving rules and principles for Islamic law, emphasizing its role in guiding the moral and legal aspects of life in theocratic legal systems.

💡Jurists

Jurists in the context of theocratic law are legal scholars who interpret and apply religious laws, such as Islamic law. The video discusses how jurists and scholars debate the application of Islamic law to modern issues, indicating the dynamic nature of legal interpretation within theocratic systems, despite the unchangeable nature of the foundational texts like the Quran and Sunnah.

Highlights

Legal systems vary significantly across different countries and can even differ within a single country.

Despite differences, legal systems share similarities rooted in historically accepted justice ideals.

Three major legal systems in the world are introduced: common law, civil law, and theocratic law.

Common law originated from judges' decisions in individual cases rather than legislative acts.

Precedent is a key feature of common law, where courts follow reasoning from prior similar cases.

Legislatures also play a role in common law by enacting statutes that judges interpret.

Common law legal proceedings are adversarial, with opposing parties presenting their cases before a judge.

Juries in common law systems, often without legal training, decide the facts of a case.

Common law is practiced in countries like the United States, Canada, Australia, New Zealand, and the United Kingdom.

Civil law systems emphasize legal codes crafted by the legislature and are more detailed than common law statutes.

In civil law, judges rely less on their own interpretations and more on academic legal experts.

The role of judges in civil law is to establish facts and apply the legislature's written laws.

Investigating judges in civil law lead the pre-trial investigation to establish facts of the case.

Civil law trials are often brief and informal, with the trial judge reviewing the case file from the investigating judge.

Civil law is the most popular legal system globally, practiced in countries like China, Japan, and most European and South American countries.

Theocratic law systems are based on religious teachings, with Islamic law being the most widely practiced today.

Islamic law is primarily moral law, intended to govern all aspects of life, based on the Quran and the Sunnah.

Many Muslim countries blend Islamic law with common or civil law systems.

Countries practicing theocratic law include Saudi Arabia, Qatar, United Arab Emirates, Iran, Iraq, and Egypt.

The video concludes with a review of the three major legal systems and invites viewers to share which system their home country practices.