Comprehending Legal Systems
LexInter | September 15, 2019 | 0 Comments

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,

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

 

 

ENTITY
POLICY

AÇORES

AFGHANISTAN

SOUTH AFRICA

ALBANIA

ALGERIA

GERMANY

ANDORRA

ANGOLA

ANGUILLA (UK)

ANTIGUA AND
BARBUDA

ANTILLES
NETHERLANDS
(NL)

SAUDI ARABIA

ARGENTINA

ARMENIA

ARUBA (NL)

AUSTRALIA

AUSTRIA

AZERBAIJAN

BAHAMAS

BAHRAIN

BANGLADESH

BARBADOS

BELARUS

BELGIUM

BELIZE

BENIN

BERMUDA (UK)

BOLIVIA

BOSNIA AND
HERZEGOVINA

BOTSWANA

BOUTHAN

BRAZIL

BRUNEI

BULGARIA

BURKINA FASO

BURUNDI

CAMBODIA

CAMEROON

CANADA

CAPE VERDE

Cayman ISLANDS (UK)

CENTRAL,
REPUBLIC OF

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
STATES

ECUADOR

ERITREA

SPAIN

ESTONIA

UNITED STATES
D`AMÉRIQUE

ETHIOPIA

FIJI ISLANDS

FINLAND

FRANCE

GABON

GAMBIA

GEORGIA

GHANA

GIBRALTAR (UK)

GREECE

GRENADA

GUADELOUPE (FR)

GUAM (USA)

GUATEMALA

GUERNSEY ISLAND (UK)

GUINEA

GUINEA
BISSAU

GUINEA
EQUATORIAL

GUYANA
FRENCH

GUYANA

HAITI

HAWAII (US)

HONDURAS

HONG KONG (CN)

HUNGARY

INDIA

INDONESIA

IRAQ

IRAN

IRELAND

IRELAND
NORTH

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,
FORMER REPUBLIC
YUGOSLAV

MADAGASCAR

MALAYSIA

MALAWI

MALDIVES ISLANDS

MALI

FALKLAND ISLANDS
(UK)

MALTA

MANS ISLAND (UK)

MARIANA ( USA)

MOROCCO

MARSHALL,
ISLANDS (USA)

MARTINIQUE (FR)

MAURITIUS ISLAND

MAURITANIA

MAYOTTE ISLAND (FR)

MEXICO

MICRONESIA,
STATES
FEDERATED OF

MOLDOVA

MONACO

MONGOLIA

MONTSERRAT (UK)

MOZAMBIQUE

MYANMAR

NAMIBIA

NAURU

NEPAL

NICARAGUA

NIGER

NIGERIA

NIUE ISLAND (NZ)

NORFOLK ISLAND (AU )

NORWAY

NEW
CALEDONIA (FR)

NEW
ZEALAND

OMAN

UGANDA

UZBEKISTAN

PAKISTAN

PALAU

PANAMA

PAPUA
NEW GUINEA

PARAGUAY

NETHERLANDS

PERU

PHILIPPINES

PITCAIRN (UK)

POLAND

POLYNESIA
FRENCH (FR)

PUERTO RICO
(SSA. USA)

PORTUGAL

QATAR

QUEBEC (CD)

REPUBLIC
DEMOCRATIC
PEOPLE OF CONGO

REPUBLIC
DOMINICAN

REPUBLIC
CZECH

MEETING, ISLAND (FR)

ROMANIA

UNITED KINGDOM

RUSSIA

RWANDA

SAINT HELENA (UK)

SAINT KITTS
AND NEVIS

SAN MARINO

SAINT PIERRE
AND MIQUELON

SAINT Vincent
AND GRENADINES

SAINT LUCIA

SALOMONS ISLANDS

SAMOA
WESTERN

SAO TOME AND
PRINCIPE

SENEGAL

SERBIA AND
MONTENEGRO

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
TOBAGO

TUNISIA

TURKMENISTAN

TURKS AND
CAICOS

TURKEY

TUVALU

UKRAINE

URUGUAY

VANUATU

VATICAN

VENEZUELA

VIRGIN, ISLANDS
(USA / UK)

VIETNAM

WALLIS -AND-
FUTUNA (FR)

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
LEGAL

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
MIXED SYSTEM

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

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