Sistema Jurídico Common Law

Summary

This transcript delves into the comparison between the Anglo-Saxon (Common Law) and Roman-Germanic (Civil Law) legal systems. It explores how Common Law, grounded in judicial precedents and equity, differs significantly from Civil Law, which is rooted in codified statutes. The discussion also touches on Colombia's legal system, which, while based on Roman-Germanic principles, suffers from an overproduction of legislation, leading to legal uncertainty. The video highlights the strengths and weaknesses of each system, focusing on the efficiency of Common Law and the challenges posed by excessive legal codification in Civil Law countries.

Takeaways

• 😀 The Anglo-Saxon legal system, also known as Common Law, is based primarily on judicial decisions, customs, and unwritten laws.
• 😀 Common Law emphasizes equity and is governed by subjective criteria rather than formal written laws.
• 😀 The system of Common Law is practiced in countries like England, the United States, Canada, Australia, and New Zealand.
• 😀 Despite Roman occupation, Roman law had limited influence on the English legal system, which evolved independently with a focus on Common Law and equity.
• 😀 The early development of English law was shaped by the customs of Germanic tribes, such as the Angles and Saxons, who settled in England.
• 😀 English law has historically followed the principle of personality, later evolving to a territorial application of law.
• 😀 Unlike the Roman-Germanic legal systems, English law does not distinctly classify public and private law, instead relying on Common Law and equity.
• 😀 Common Law relies heavily on judicial precedents, with decisions in earlier cases influencing current rulings, a concept not as emphasized in Roman-Germanic systems.
• 😀 In the Anglo-Saxon legal system, judicial decisions are binding, and the importance of case law (jurisprudence) is emphasized over legislative texts.
• 😀 The evolution of Common Law can be traced through three main phases: pre-Norman invasion, centralization of justice in the late medieval period, and the golden age of case law from the 16th to 18th centuries.
• 😀 Colombian law, based on the Roman-Germanic system, faces challenges due to excessive legislative production, which contrasts with the precedential approach of Common Law in Anglo-Saxon systems.

Q & A

What is the main foundation of the common law system?

The common law system is primarily based on judicial decisions and customs, with laws being unwritten and founded on principles of equity, subjectivity, and case precedents rather than codified laws.

Which countries follow the common law system?

Countries that follow the common law system include England (its origin), the United States, Canada, Australia, and New Zealand, among others.

How did the influence of Roman law affect English law?

Despite the Roman occupation of England for over 300 years, the influence of Roman law on English law was limited, as the Romanization was not deep. English law developed independently, largely influenced by the customs of the Anglo-Saxon tribes.

What is the role of equity in the common law system?

Equity was introduced as a supplementary legal framework to common law, focusing on fairness and justice, often applied by special courts known as the courts of chancery.

How does English law differ from Roman-Germanic legal systems?

English law does not distinguish between public and private law, unlike Roman-Germanic systems. Instead, it uses the concepts of common law and equity, and it does not have separate branches like civil, commercial, or administrative law.

What is the concept of precedent in the common law system?

In the common law system, precedent refers to the principle that judicial decisions create law. Decisions made by higher courts are binding for lower courts, forming a body of law based on past case rulings.

What is the significance of judicial decisions in the common law system?

Judicial decisions in the common law system are crucial as they create legal principles. The common law relies heavily on past case rulings, with courts interpreting laws based on previous judgments.

How is contract law treated under the common law system?

Contract law under common law emphasizes freedom of contract, where parties are generally free to negotiate terms unless restricted by law. However, there are implicit provisions in contracts to protect consumers.

What is the role of legislation in common law systems?

In common law systems, legislation is secondary to judicial decisions. Laws are interpreted through the lens of prior case rulings, and while statutes exist, they are applied with consideration for previous judicial interpretations.

How does Colombia’s legal system differ from common law?

Colombia follows a Roman-Germanic legal system with a strong focus on codified law and legislative production, differing from the common law system where judicial precedents play a significant role in shaping legal outcomes.