Legal System in the World | International Business | From A Business Professor
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
📚 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.
🏛 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
💡Common Law
💡Precedent
💡Statutes
💡Adversarial System
💡Civil Law
💡Investigating Judge
💡Theocratic Law
💡Quran
💡Sunnah
💡Jurists
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.
Transcripts
hello everyone welcome to business
school 101
legal systems vary from country to
country and sometimes within a single
country
although they develop in different ways
legal systems also have some
similarities based on historically
accepted justice ideals
in this video i will introduce three
major legal systems in the world
namely common law civil law and
theocratic law
common law was originally developed by
judges through case-by-case court
decisions
rather than through legislation enacted
by a legislature
in this system much of the law is made
by judge's decisions called precedent
this means that if a similar case has
been resolved by the court in the past
a court is bound to follow the reasoning
used in the prior decision
while judges are very important in
common law systems legislatures still
have a part to play
common law systems also rely on statutes
that are passed by the legislature or
parliament and judges have the role of
interpreting how the legislature's laws
are applied in individual cases
in common law systems legal proceedings
are mostly adversarial
rather than inquisitorial this means
that for the most part two opposing
parties appear before
a judge who moderates defendants are
entitled to be present and to be
represented by a lawyer
the attorneys on both sides generally
have an active role in representing
their clients throughout the case
and in presenting evidence and arguments
in court
a jury of people without legal training
can decide the facts of the case
and if there is a conviction then a
judge determines the appropriate
sentence based on the jury's verdict
common law is practiced in the united
states canada
australia new zealand united kingdom and
many other countries
the second major legal system in the
world is the civil law system
civil law systems place greater emphasis
on legal codes
crafted by the legislature civil law
statutes tend to be more detailed than
statutes under common law systems
and contain continuously updated legal
codes
civil law systems rely less on judges
and more on academic legal experts to
make legal interpretations
in a civil law system the judge's role
is to establish the facts of the case
and to analyze and apply the
legislature's written laws
because of this legislators and legal
scholars who draft and interpret the
codes are very important in civil law
legal systems the role of judges is
different in civil law systems compared
to common law systems
there are two types of judges in a civil
law system
an investigating judge and trial or
sitting judges
civil law systems are based on the
belief that justice is best served when
a judge
is an active participant in
investigating the facts of the case
thus the investigating judge will
typically lead the investigation
unlike common law systems which focus on
the trial to determine the facts
civil law legal systems mostly focus on
pre-trial investigation and hearings to
establish the facts
the actual trials can be relatively
brief and informal because the trial
judge will review the case file
developed by an investigating judge
during trial witnesses are generally
allowed to give additional kinds of
evidence and the defendant often gives a
statement
cross-examination is rare please keep in
mind that civil law systems is the most
popular legal system in the world
countries practicing civil law systems
include china
japan and most countries in europe and
south america
beside common law and civil law there
are some countries in the world
practicing theocratic law
a theocratic law system is one in which
the law is based on religious teachings
although usage of both hindu and jewish
law persisted into the 20th century
islamic law is the most widely practiced
theocratic legal system in the modern
world
islamic law is primarily a moral rather
than a commercial law
and is intended to govern all aspects of
life
the foundation for islamic law is the
holy book of islam the quran
along with the sunnah or decisions and
sayings of the prophet muhammad
and the writings of islamic scholars who
have derived rules by analogy from the
principles established in the quran and
the sunnah
because the quran and sanaa are holy
documents
the foundations of islamic law cannot be
changed however
in practice islamic jurists and scholars
are constantly debating the application
of islamic law to the modern world
in reality many muslim countries have
legal systems that are a blend of
islamic law
and a common or civil law system
countries that practice theocratic
law in full or in part include saudi
arabia
qatar united arab emirates iran
iraq egypt and some other countries
now let's do a quick review in this
video we introduced three major legal
systems in the world
the common law civil law and theocratic
law systems
in common law past legal precedents or
judicial rulings are used to decide
cases at hand
under civil law codified statutes and
ordinances
ruled the land beside common law and
civil law
many islamic countries practice
theocratic legal systems which are based
on religious teachings
so what do you think those three legal
systems
which legal system does your home
country practice please leave your
thoughts in a comment below
thanks for watching and i will see you
next time
Посмотреть больше похожих видео
The Legal Systems We Live In Today
Contract Law Overview: What is the Gateway Issue on ALL Contracts Essays?
Dr. Slamet Tri Wahyudi, S.H., M.H. - PENGANTAR HUKUM INDONESIA
What is a law?
Legal System Basics: Crash Course Government and Politics #18
Hukum Tata Negara: Istilah, Definisi dan Sumber-Sumber Hukumnya
5.0 / 5 (0 votes)