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Comparison of Legal systems Essay

Comparison of Legal systems Essay

COMPARE AND CONTRAST THE FOUR MAJOR LEGAL TRADITIONS: COMMON LAW, CIVIL LAW, SOCIALIST LAW AND ISLAMIC LAW. PRO’S AND CON’S SUCCESSES AND FAILURES.

Description

5 scholarly resources needed.
I will attach an example of what the research paper should look like.
It should contain an Abstract, Introduction, and Summary. Also, each topic within the body paragraphs should be titled just like in the example.
Paper does not need to be over the top in wording. It needs to sound informative and clear to an average individual.Comparison of Legal systems Essay

Abstract

This study will focus on civil law, common law, socialist law, and Islamic law. Knowing the similarities and differences between the different requirements is significant, putting in mind that each of them has its features and range. Therefore, the purpose of this research is to reveal the concepts of the legal system comparisons and comparisons of their history. The research will also focus on the characteristic of each legal system and the countries in which the policies are applied. Besides, the study will focus on the roles of attorneys and juries in each order. The paper will also focus on how the legal systems play an essential role in making the world a better place for all to live.Comparison of Legal systems Essay

Comparison of legal systems

Introduction

There are generally considered to exist several legal systems in the world, such as civil law, common law, Islamic law, and socialist law. The conventional law system used in America is among the lawful methods used in many parts of the world. Alterations in the various legitimatemethods can significantly affect an international business contract’s critical provisions, such as the governing law provision. They can substantially affect the property rights of a party to a global business contract (David & Brierley, 1978).  Therefore, there is a dire need for individuals to understand the different legal systems, how they work to keep themselves from falling on the wrong side of the law.

The historical origins of common law and civil law

The origin of common law is associated with the English monarchy. The law courts were established to address issues that faced the people and come up with solutions based on equitable standards derived from a myriad of sources of power such as the Roman law and the natural law. As a result of the collection and publishing of the above regulations, it became possible for law courts to pay much attention to precedential opinions (David & Brierley, 1978).  Civil law, on the other hand, its origin can be traced back to the legislations brought together by the Roman emperor Justinian around 600 CE.Comparison of Legal systems Essay

In each system, there are specific duties and obligations of lawyers and judges. In civil law countries such as China, Japan, and Germany, judges are termed as investigators.  They play a significant role in court sessions by bringing concerns and instituting pieces of evidence by presenting witnesses and reliable evidence as stipulated in legal codes. Lawyers also have the legal right to represent their clients in a court of law, but their roles are limited (Glenn, 2014). The lawyers also should direct their customers on matters related to the law and prepare legal complaints about filing with the court of law. However, during proceedings in court, their active role is reduced compared to a conventional law system.

On the other hand, in standard law states such as America, England, and Canada, lawyers play an essential role in presenting cases to the judge and scrutinize witnesses themselves. The court sessions are then referred by the judge, who, to some extent, has more powers equaled to a civil law system (Glenn, 2014). Besides, unlike in specific civil law countries, in standard law states such as America, individuals are prohibited from preparing permissible booklets for other people or institutions other than licensed lawyers.  Comparison of Legal systems Essay

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Differences between civil, conventional, socialist and Islamic law

Common law can be traced back to the English monarch, while the civil law dates back to the Roman emperor. However, socialist law is founded on the civil law system with significant modifications. Sharia law can be associated with Allah; hence individuals affiliated with Islam consider it sacred. Unlike in civil and common law where the law can be bent, and it is not that tough, in Islamic law, the code is mixed with the profound morality of individuals (Harding, 2001). Sharia law regards actions of deception as severe moral crimes in the society, thus encouraging people to maintain high ethical standards, unlike in civil and common laws where wrongs done are mended through compensation, which can disadvantage the poor who cannot afford to buy their freedom. Another difference between the legal systems is that punishments imposed on individuals against the Sharia law differ based on religious affiliations (Harding, 2001).  In contrast, the penalties imposed on individuals who break standard or local rules are similar regardless of individuals’ religious preference, which brings about equality. In Islamic law, the punishments for the crimes committed are more severe than civil and common law. For example, an individual found guilty of committing a robbery in an Islamic state is chopped off his hand. On the other hand, in a socialist, common and civil state; the robber is made to pay a fine and faces a sentence. In Islamic nations, the policies are unconditional, unlike in civil, socialist and universal laws where they are changeable (Hazard, 1971). This is in accordance with the Muslims’, requirements. However, this acts as a disadvantage as the law should be flexible to fit the needs of the people and primarily due to the changing times.  While the civil law, common law, and Islamic law insists on private ownership of property, socialist law advocates for property to be owned by the state or agricultural cooperatives. Comparison of Legal systems Essay

Similarities between Differences between civil, conventional, socialist and Islamic law

There exist substantial similarities between civil, conventional, socialist, and Islamic laws. All the four rules comprise of legal systems such as the courts where violators of the requirements are presented for sentencing. For instance, in civil, standard, and socialist laws, individuals are taken to law courts where they are convicted of crimes. In Islamic law also, wrongdoers are brought in Sharia Courts where they face sentencing (Murphy, 1991). Besides, in the four legal systems, individuals are given a chance to justify their actions before they are sentenced. An individual is allowed to explain why they committed a crime, and if they convince the judge, they are set free. Also, the four legal systems aim at making society a better place for all individuals to live. There is a deterrence of crime in a community through offenders’ punishment, hence a safe place for all.Comparison of Legal systems Essay

Summary

There exist different types of legal systems in the world. Various countries, such as America, Germany, Japan, and china, use different legal systems. Each legal system has its origin and characteristics. Besides, there exist substantial differences and similarities between the different legal systems in the world. For instance, while the Sharia law is unconditional, civil law and universal laws are flexible because they are human-made. However, some of the similarities of the legal systems include, they all aim at making the world a better place to live in through maintaining law and order. Besides, all the legal systems offer individuals an opportunity to justify their actions before they are convicted. For instance, they are given a right to be presented by an attorney during the court proceeding.  Also, there are judges involved during the court proceeding in the different legal systems.  The civil law model should act as a guide to other legal systems. This system gives judges the power to give verdicts on significant issues facing society. However, if the authorities are wrongly used, they can lead to a miscarriage of justice. Comparison of Legal systems Essay

References

David, R., & Brierley, J. E. (1978). Major legal systems in the world today: an introduction to the comparative study of law. Simon and Schuster.

Glenn, H. P. (2014). Legal traditions of the world: Sustainable diversity in law. Oxford University Press, USA.

Harding, A. (2001). Comparative law and legal transplantation in South East Asia: Making sense of the ‘Nomic Din’. Adapting legal cultures5, 199.

Hazard, J. N. (1971). Area Studies and Comparison of Law: The Experience with Eastern Europe. The American Journal of Comparative Law, 645-654.

Murphy, W. F. (1991). Civil law, common law, and constitutional democracy. La. L. Rev.52, 91. Comparison of Legal systems Essay

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