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Politics : Foreign Affairs Discussion Group -- Ignore unavailable to you. Want to Upgrade?

To: Siva Uppalapati who wrote (159849)	4/1/2005 12:45:35 AM
From: marcos	Respond to of 281500

The term 'legal system' refers not to specific legislation, but to the general structure of courts .... that might not be well phrased, as i am no lawyer either ... but there are generally considered to be two classes of legal systems, 'common law' in which precedents of previous cases form a great deal of the basis for judgment [along with legislation of course], and 'civil law' in which previous judgments carry much less weight, and the job of the court is more focussed on applying letter-of-the-law legislation to cases before it The former can be called 'english common law' because that is where it was developed ... in civil law there are french, scandinavian and german styles, the scandinavian is the oldest [i think], the french was spread widely by Napoleon and is still used in many places [for instance province of Québec here], the german was considered the most advanced about a hundred years ago when some asian countries were revising their systems, so China Japan and i believe Korea are all based on it The common law is considered to uphold individual rights more than the civil, according to certain types who were talking about de Soto, anyway ... and the reasoning sounded good, forget the details though ..... i did look it up the other night after posting to you, and found that yes, India does retain a common law system, they've modified it somewhat with hindu elements .... the sharia in civil affairs for muslims would be legislation, not a style of structure of the legal system ... i think ... not too clear on this stuff myself -g- .... cheers