CIVIL LAW e COMMON LAW | Introdução ao Direito | Filosofia Jurídica

Summary

This video explores the two major legal systems in the world: civil law and common law. It explains the origins, characteristics, and applications of each system, highlighting key differences such as codified legislation versus judicial precedents, and the roles of judges in shaping or applying the law. The discussion also covers how these systems influence legal certainty, flexibility, and societal adaptation. Additionally, the video emphasizes the importance of understanding law for students and everyday life, introducing the "First Steps in Law" course and a bonus digital book designed to help students build a strong legal foundation and navigate academic and professional challenges with confidence.

Takeaways

• 📜 The two main legal systems in the world are civil law (Roman-Germanic) and common law (Anglo-Saxon).
• 🏛 Civil law is based on codified laws and written legislation, while common law relies heavily on judicial precedents.
• ⚖ In civil law, judges apply laws strictly according to the legal text and do not create new rules.
• 📝 Common law judges play an active role in shaping law through court decisions, known as 'judge-made law.'
• 📚 Civil law emphasizes predictability and legal certainty through general norms, while common law emphasizes adaptability and evolution of law.
• 🌍 Civil law is prevalent in Continental Europe and Latin America, while common law dominates England, the United States, and other Anglo-Saxon countries.
• 🔍 Legal reasoning in civil law focuses on applying legislated rules, whereas in common law, reasoning involves analyzing precedents.
• ⚡ The boundaries between civil law and common law systems are becoming less rigid as written laws gain importance in common law countries and precedents become more influential in civil law countries.
• 🎓 Understanding the differences between these systems is fundamental for law students and professionals.
• 📖 Knowledge of law empowers individuals, helping them navigate society safely and make informed decisions, which is a key message promoted by the 'First Steps in Law' course.

Q & A

What are the two main legal systems discussed in the video?

The video discusses the civil law system, also known as the Roman-Germanic system, and the common law system, which belongs to the Anglo-Saxon tradition.

What is the main source of law in the civil law system?

In the civil law system, the main source of law is codified legislation organized into codes and written laws that establish general and abstract norms.

How does the role of a judge differ between civil law and common law systems?

In the civil law system, judges primarily interpret and apply existing laws without creating new rules. In the common law system, judges play an active role in creating law through judicial precedents, known as 'judge-made law.'

Which countries predominantly use the civil law system?

Countries in Continental Europe and much of Latin America, including Brazil, predominantly use the civil law system.

What is the principle of 'stare decisis' in the common law system?

'Stare decisis' is the principle that courts should follow previous judicial decisions when deciding similar cases, ensuring consistency and predictability in case law.

How does the common law system adapt to social and cultural changes?

The common law system is flexible because it relies on judicial precedents, allowing courts to adapt legal interpretations to new social and cultural developments.

What are the main advantages of the civil law system?

The civil law system provides legal certainty and predictability through codified laws, ensuring uniform application across cases and reducing ambiguity.

What are the main advantages of the common law system?

The common law system offers adaptability and allows law to evolve over time through judicial decisions, making it responsive to changing societal needs.

How have the boundaries between civil law and common law systems changed over time?

The boundaries have become less rigid; common law countries increasingly rely on written laws, while civil law countries place greater importance on judicial precedents.

Why is understanding the differences between civil law and common law important for law students?

Understanding these differences helps law students grasp how laws are created, interpreted, and applied in different countries, providing a foundation for legal reasoning and practice.

What is the purpose of the 'First Steps in Law' course mentioned in the video?

The course aims to build a solid foundation in law for students, helping them gain confidence, understand legal rules, and succeed in college, exams, and professional challenges.

What bonus is offered to students of the 'First Steps in Law' course?

Students receive a digital book called 'Notions of Law for University Students,' which is designed to be practical, easy to understand, and tailored for college-level legal studies.