Comprehending Legal Systems
In the production of this work on legal systems in the world, six categories were retained: civil law, common law, customary law, Muslim law, Talmudic law, mixed law, the latter category not referring to a system, but to a combination of systems. This categorization and the obviously imperfect classification of political entities call for some preliminary remarks.
The expression “political entities” refers to countries, but also sometimes to political divisions within them. It seemed useful to identify the systems of a certain number of non-independent territories (which may, moreover, enjoy, in certain cases, a more or less strong internal autonomy), either that their geographical situation does not obvious their links with the legal system of distant countries (this is the case for example of the French territories of the Pacific, the Indian Ocean, or the Antilles) either that being part of political groups of federal or other type, their system has acquired or retained, within these sets, distinct characteristics (this is the case of Quebec, a mixed-law entity, whose common law in many important areas, especially but not exclusively private law, are essentially codified civil law, while the common law of the other provinces and territories of Canada is essentially based on common law). Mention is made, after the name of these territories, provinces or states, of the country to which they are attached.
With regard to religious rights, we have only retained Muslim law, because of its permanence and its great extension, and, in a more discreet way, Talmudic law, because of the profound originality of the system. mixed Israeli law. Other originally religious law systems have today lost their distinct character and status due to the greater or less absorption of a greater or lesser number of their elements into customary or state systems. We will also note that canon law, the absence of which in our categories might surprise, is not a system of religious law: it is a law which, although informed by religious dogmas, is of human origin and is
On reflection, we have ruled out the category of socialist rights, which was once unavoidable in certain classifications. It is true that Marxism-Leninism, despite recent political upheavals, exerts an sometimes important influence on the legal organization of some countries. But the criterion which had presided over the creation of the category of socialist rights in order to oppose them to Western rights, was the material criterion, whereas, without sticking to a superficially formal criterion, we rather favored roughly the technical aspects of systems, legal concepts and modes of elaboration and expression of law.
Note, moreover, that in the chapter entitled “Classification of legal systems and corresponding political entities”, the sections present the systems (civil law, common law, Muslim law, customary law and mixed systems) in the plural and not in the singular. We thus wanted to take into account the fact that each legal system (as a classification category) tends to acquire particular characteristics according to the territories and populations to which it applies. In this regard, is it necessary to recall that despite their belonging to the same legal family, there are differences, sometimes substantial, between the positive rights of the United States, the United Kingdom and Australia for example (countries of common law tradition) and that
In conclusion, it does not seem unnecessary to insist once again on the very modest information objectives that we have pursued. This is why we have confined ourselves to categories easily identifiable by the world legal community, despite their obvious theoretical and even descriptive inadequacies. We would therefore like not to see in our company a disavowal of more scientific efforts at classification (those of ConstaNtinesco, Zweigert and Kötz, Timsit for example), but which would not have responded better to the immediate goal that we have set ourselves. offers.
CIVIL LAW SYSTEMS
This category includes political entities which, alongside other sources, drew heavily on Roman legal heritage and which, giving precedence to written law, resolutely opted for a systematic codification of their common law. But we will also find there political entities, generally of mixed law, which, without having resorted to the technique of the codifying law, retained to varying degrees sufficient elements of Roman legal constructions, by way of written reason, to be considered to be affiliated with the civil law tradition (such is the case, for example in Scotland). On the other hand, we will also find in this category political entities where Roman influence was weaker, but whose law, codified or not. Civil litigation is a legal process of non-criminal issues including breaches of contract and property disagreement and like that. lawyers who specialize in civil litigation are known as litigators.
COMMON LAW SYSTEMS
Like the civil law system, the common law system is experienced in culturally diverse ways around the world. Despite the sometimes considerable nuances that this diversity can entail, and which can be further amplified by political circumstances, we find in this category political entities whose law is technically based, for the most part, on the concepts and modes of organization. law of British common law, which gives pride of place to case law, and not to law, as an ordinary means of expression of common law. As a result, countries or political entities which, more or less closely linked to the British tradition, sometimes have an abundance of codes, laws and normative instruments that are not jurisprudential, have been kept in this category,
CUSTOMARY LAW SYSTEMS
Today there are hardly any countries or political entities whose system can be said to be properly and entirely customary. The custom can take the most diverse faces, according to whether it is rooted in a wisdom built on the daily concrete or, more intellectually in great spiritual or philosophical traditions. However, customary law (as a system, and not only as an ancillary complement to positive law) still plays a role, sometimes of great importance, particularly in matters of personal status, in a relatively large number of countries or countries. mixed-law political entities. The case is evident for a number of African countries. But this also applies, for example, under conditions which are admittedly different, to the law of China or India.
THE SYSTEMS OF MUSLIM LAW
The system of Muslim law is an autonomous system of religious law proper, the main basis of which is the Koran. In a certain number of countries with a Muslim tradition, however, it tends to be confined to personal status, which can however be quite widely understood.
MIXED LAW SYSTEMS
The term “mixed”, which has been arbitrarily preferred to the names “hybrid” or “composite”, should not be understood in the restrictive sense attributed to it by certain authors. This category therefore includes political entities where two or more systems apply cumulatively or interacting, but also those where there is rather juxtaposition of systems, due to more or less clearly distinct fields of application.
ALPHABETICAL INDEX OF POLICY ENTITIES AND CORRESPONDING LEGAL SYSTEMS
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ENTITY AÇORES AFGHANISTAN SOUTH AFRICA ALBANIA ALGERIA GERMANY ANDORRA ANGOLA ANGUILLA (UK) ANTIGUA AND ANTILLES SAUDI ARABIA ARGENTINA ARMENIA ARUBA (NL) AUSTRALIA AUSTRIA AZERBAIJAN BAHAMAS BAHRAIN BANGLADESH BARBADOS BELARUS BELGIUM BELIZE BENIN BERMUDA (UK) BOLIVIA BOSNIA AND BOTSWANA BOUTHAN BRAZIL BRUNEI BULGARIA BURKINA FASO BURUNDI CAMBODIA CAMEROON CANADA CAPE VERDE Cayman ISLANDS (UK) CENTRAL, CHILE CHINA CYPRUS COLOMBIA COMOROS (Islands) CONGO COOK ISLANDS (NZ) KOREA NORTH SOUTH KOREA COSTA RICA D`IVOIRE COAST CROATIA CUBA DENMARK DJIBOUTI DOMINICA SCOTLAND (UK) EGYPT EL SALVADOR UNITED ARAB ECUADOR ERITREA SPAIN ESTONIA UNITED STATES ETHIOPIA FIJI ISLANDS FINLAND FRANCE GABON GAMBIA GEORGIA GHANA GIBRALTAR (UK) GREECE GRENADA GUADELOUPE (FR) GUAM (USA) GUATEMALA GUERNSEY ISLAND (UK) GUINEA GUINEA GUINEA GUYANA GUYANA HAITI HAWAII (US) HONDURAS HONG KONG (CN) HUNGARY INDIA INDONESIA IRAQ IRAN IRELAND IRELAND ICELAND ISRAEL ITALY JAMAICA JAPAN JERSEY JORDAN KAZAKHSTAN KENYA KIRGUIZISTAN KIRIBATI KUWAIT LAOS LESOTHO LATVIA LEBANON LIBERIA LIBYA LIECHTENSTEIN LITHUANIA LOUISIANA (USA) LUXEMBOURG MACAU (CN) MACEDONIA, MADAGASCAR MALAYSIA MALAWI MALDIVES ISLANDS MALI FALKLAND ISLANDS MALTA MANS ISLAND (UK) MARIANA ( USA) MOROCCO MARSHALL, MARTINIQUE (FR) MAURITIUS ISLAND MAURITANIA MAYOTTE ISLAND (FR) MEXICO MICRONESIA, MOLDOVA MONACO MONGOLIA MONTSERRAT (UK) MOZAMBIQUE MYANMAR NAMIBIA NAURU NEPAL NICARAGUA NIGER NIGERIA NIUE ISLAND (NZ) NORFOLK ISLAND (AU ) NORWAY NEW NEW OMAN UGANDA UZBEKISTAN PAKISTAN PALAU PANAMA PAPUA PARAGUAY NETHERLANDS PERU PHILIPPINES PITCAIRN (UK) POLAND POLYNESIA PUERTO RICO PORTUGAL QATAR QUEBEC (CD) REPUBLIC REPUBLIC REPUBLIC MEETING, ISLAND (FR) ROMANIA UNITED KINGDOM RUSSIA RWANDA SAINT HELENA (UK) SAINT KITTS SAN MARINO SAINT PIERRE SAINT Vincent SAINT LUCIA SALOMONS ISLANDS SAMOA SAO TOME AND SENEGAL SERBIA AND SEYCHELLES SIERRA LEONE SINGAPORE SLOVAKIA SLOVENIA SOMALIA SUDAN SRI LANKA SWEDEN SWITZERLAND SURINAME SWAZILAND SYRIA TAJIKISTAN TAIWAN TANZANIA CHAD THAILAND TOGO TOKELAU (NZ) TONGA TRINIDAD AND TUNISIA TURKMENISTAN TURKS AND TURKEY TUVALU UKRAINE URUGUAY VANUATU VATICAN VENEZUELA VIRGIN, ISLANDS VIETNAM WALLIS -AND- YEMEN ZAMBIA ZIMBABWÉ |
POPULATION 250,000 22 664 136 41 743 459 3,249 136 29 183 032 83 536 115 72 766 10 342 899 10 424 65 647 208 968 19 409 058 34 672 997 3,463 574 67 794 18 260 863 8 023 244 7 679 953 259 367 509 042 123 062 800 257 030 10 415 973 10 170 241 219 296 5 709 529 62 099 7 165 257 2 656 240 1,477,630 1,822 625 162 661 214 229 939 8 612 757 10 861 214 5 943 057 10 861 218 14 261 557 29 680 000 499 066 34 646 3 274 426 14 333 258 1210 004 956 744 609 38 813 161 569 237 2 527 841 19 561 23 904 124 45 482 291 3,463 083 14 762 445 5 004 112 10 951 334 5 249 632 427 642 82 926 5 100,000 63 575 107 5 828 987 3 057 337 11 466 191 3 427 883 39 181 114 1 459 428 266 476 278 57 171 662 782 381 5 105 230 58 317 450 1 172 789 1 204 984 5 219 810 17 698 271 28 765 10 538 594 94 961 407 768 156 974 11 277 614 62 920 7 411 981 1 151 330 431 282 151 187 712 091 6 731 539 1 186 600 5 605 193 6 305 413 10 002 541 952 107 694 206 611 600 21 422 292 66 094 264 3 566 833 1 600 000 270 292 5 421 995 57 460 274 2 595 275 125 449 703 87 848 4 212 152 16 916 463 28 176 686 4 529 648 80 910 1 950 047 4 975 772 1 970 781 2 468 982 3 776 317 2 109 789 5 445 436 31 122 3 646 041 4 342 334 415 870 496 837 2 104 035 14 763 000 19 962 893 9 790 000 298 000 10 800 000 2 374 375 576 73 837 52 284 29 779 156 58 363 399 151 1 140 256 2 336 048 100 838 95 772 462 125 377 4,463 847 31 719 2,496 617 12 711 17 877 927 46 527,000 1,677 243 10 273 22 094 033 4 272 352 9 113 001 111 712 489 2 500 2 209 4 383 807 187 784 3 547 983 2 186 548 20 158 176 23 418 381 140 500 000 16 952 2 655 094 4,705 126 5 504 146 15 568 034 24 523 408 74 480 848 56 38 642 565 224 911 3 819 023 9 865 114 547 761 7 138 795 46 498 539 8 088 881 10 321 120 679 198 21 657 162 58 489 975 148 178 487 6 853 359 7145 41 369 24 521 6 809 118 344 157 862 412 902 214 384 144 128 9 092 749 10 614 558 77 575 4 793 121 3 396 924 5 374 362 1 951 443 9 639 151 31 547 543 18 553 074 8 900 954 7 207 060 436 418 998 730 15 608 648 5 916 373 21 456 881 29 058 470 6 976 845 58 851 357 4 570 530 1 482 106 466 1 272 385 9 019 687 4 149 283 14 302 62 484 478 10 146 50 864 009 3 238 952 177 505 1000 21 983 188 97 120 73 976 973 14 659 13 483 178 9 159 072 11 271 314 |
SYSTEM CIVIL LAW MUSLIM JOINT CIVIL LAW MIXED CIVIL LAW CUSTOMARY CIVIL LAW COMMON LAW COMMON LAW CIVIL LAW MIXED CIVIL LAW CIVIL LAW CIVIL LAW COMMON LAW CIVIL LAW CIVIL LAW COMMON LAW MIXED MIXED COMMON LAW CIVIL LAW CIVIL LAW COMMON LAW CIVIL LAW COMMON LAW CIVIL LAW CIVIL LAW MIXED MIXED CIVIL LAW MIXED CIVIL LAW MIXED MIXED CUSTOMARY MIXED COMMON LAW CIVIL LAW COMMON LAW CIVIL LAW CIVIL LAW MIXED MIXED CIVIL LAW MIXED MIXED COMMON LAW MIXED MIXED CIVIL LAW MIXED CIVIL LAW CIVIL LAW CIVIL LAW MIXED COMMON LAW MEETING MIXED CIVIL LAW MIXED CIVIL LAW MIXED CIVIL LAW CIVIL LAW COMMON LAW MIXED COMMON LAW CIVIL LAW CIVIL LAW MIXED MIXED CIVIL LAW MIXED COMMON LAW CIVIL LAW COMMON LAW CIVIL LAW COMMON LAW CIVIL LAW CUSTOMARY COMBINED JOINT MEETING CIVIL LAW MIXED CIVIL LAW COMMON LAW CIVIL LAW MIXED CIVIL LAW JOINT JOINT JOINT JOINT COMMON LAW COMMON LAW CIVIL LAW MIXED CIVIL LAW COMMON LAW MIXED CUSTOMARY MIXED CIVIL LAW MIXED CIVIL LAW COMMON LAW MIXED CUSTOMARY MIXED CIVIL LAW COMBINED JOINT MEETING CIVIL LAW CIVIL LAW MIXED CIVIL LAW CIVIL LAW CIVIL LAW COMBINED JOINT MEETING MUSLIM JOINT COMMON LAW MIXED COMMON LAW COMMON LAW MIXED COMMON LAW CIVIL LAW MIXED MIXED CIVIL LAW CIVIL LAW MIXED CIVIL LAW CIVIL LAW MIXED COMMON LAW COMBINED COMBINED JOINT COMMON LAW MIXED CIVIL LAW JOINT MEETING COMMON LAW COMMON LAW CIVIL LAW CIVIL LAW COMMON LAW MIXED MIXED CIVIL LAW MIXED COMMON LAW CIVIL LAW MIXED CIVIL LAW CIVIL LAW CIVIL LAW MIXED COMMON LAW CIVIL LAW CIVIL LAW MIXED CIVIL LAW COMBINED JOINT MEETING CIVIL LAW CIVIL LAW CIVIL LAW CIVIL LAW COMMON LAW CIVIL LAW MIXED COMMON LAW COMMON LAW CIVIL LAW CIVIL LAW COMMON LAW JOINT JOINT JOINT JOINT JOINT CIVIL LAW COMBINED JOINT MEETING CIVIL LAW CIVIL LAW COMBINED JOINT MEETING CIVIL LAW CIVIL LAW CIVIL LAW MIXED MIXED CIVIL LAW JOINT JOINT JOINT JOINT JOINT COMMON LAW COMMON LAW COMMON LAW MIXED CIVIL LAW COMMON LAW CIVIL LAW COMMON LAW CIVIL LAW CIVIL LAW MIXED CIVIL LAW CIVIL LAW COMMON LAW CIVIL LAW CIVIL LAW COMBINED JOINT MEETING |
COMPOSITION OF THE Common Law / Civilist Civilist / Muslim Civilist / Muslim / Common Law Muslim / Common Law Muslim / Common Law Civilist / Common Law Customary / Common Law Common Law / Customary Civilist / Customary Civilist / Customary Civilist / Common Law / Customary Civilist / Customary common law / civil civil / Muslim civil / Courtumier Customary / civil Customary / civil civil / Customary civil / Muslim / Customary Civilist / Common Law Civilist / Muslim Common Law / Muslim Civilist / Customary / Muslim Civilist / Customary Civilist / Customary Muslim / Common Law / Customary Common Law / Customary Civilist / Customary Civilist / Customary Civilist / Customary Common Law / Civilist Common Law / Customary Common Law / Customary / Muslim Civilist / Customary / Muslim Civilist / Muslim Muslim / Civilist / Common Law Civilist / Customary Civilist / Muslim / Common Law Common Law / Customary / Muslim Civilist / Muslim Common Law / Civilist / Customary Civilist / Muslim Common Law / Customary Civilist / Muslim Civilist / Common Law Civilist / Customary Muslim / CommonLaw / Customary Common Law / Customary Civilist / Customary Civilist / Common Law Muslim / Civilist Civilist / Muslim Common Law / Mixed Civilist / Common Law / Customary Customary / Civilist Civilist / Customary Common Law / Customary Common Law / Civilist Common Law / Customary Civilist / Customary Common Law / Muslim / Customary Muslim / Common Law Common Law / Customary Muslim / Common Law Customary / Common Law Common Law / Civiliste Civiliste / Common Law Muslim / Common Law Civilist / Common Law Civilist / Customary Civilist / Customary Civilist / Common law Common law / Customary Common law / Customary civil / Customary civil / Customary Common law / civil law Common law / Customary Common law / Muslim Muslim / Common Law / Civilist Muslim / Common Law Civilist / Common Law / Customary Civilist / Customary Civilist / Muslim Civilist / Customary Common Law / Customary Civilist / Customary Civilist / Common Law Civilist / Customary Civilist / Muslim Customary / Civilist / Muslim Common Law / Civilist / Common Law Common Law / Customary Civilist / Common Law / Customary |
