American Civil Law System

In: Business and Management

Submitted By isabelalala
Words 1190
Pages 5
the advantages of the American civil law system

Recently, many societies across the globe are reforming their existing legal systems. The two main transatlantic models, common law and civil law, have great influence on such reforms. Civil law approach has numerous advantages as compared to the common law (Koch, 2004). Civil law judges normally dominate individual litigations and thus effective dispute resolution usually depends on competence of its judges as well as on assuring that the judges have authority to conduct their duties to best of their capacity and abilities (Koch, 2004).
Most European nations and other countries such as French, Dutch, German and Portuguese follow civil law systems. English common law system on the other hand is followed in former English colonies including Australia and Canada (Koch, 2004). Common law is also followed in United States, though based on various constitutional statutes and laws ratified by congress, the U.S federal law encompasses a civil law system (Koch, 2004). The disadvantages and advantages of those two main systems is a continuing controversy.
Written civil law dates back to times of Roman Empire and subsequently, the Germanic and Napoleonic codes created in 19th century (Koch, 2004). The term civil law is also referred to as statutory or codified law. Common law on the other hand derives from the English medieval common law system that was developed under Henry II in 12th century (Koch, 2004). Common law is also referred to as case law due to the fact that judgments are normally based on prior judicial decisions which have achieved status of rule of law for similar cases.
An advantage of the American civil law system include that it is a comprehensive system of principles and rules that is arranged well in codes and that is easily accessible to all citizens as well…...

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