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A variety
of different legal systems and traditions grew up over many centuries. Some were
exported far and wide. Now there are signs that they are starting to converge.
Civil law: Inspired by
Roman law. Legislation is the primary source of law. Civil codes are the centrepiece
of the legal framework and the foundation of all other laws which complement or make
exceptions to it. The codes are mainly characterized by a high level of abstraction
which enables the judge to interpret and analyse situations either by applying the
legislation or by extrapolatiing from the overall framework. France is a prototypical
civil law nation. Over 60% of the world population is influenced by this tradition.
Common law: Derived from English unwritten law that evolved from the 12th
century onward. Known as “judge-made law”. Jurisprudence is the primary source of
law. Developed through an inductive approach, legal concepts emerge and progress
over time, constructed by an amalgamation of numerous cases that bring together the
legal scope of these concepts. Common law prevails in the United Kingdom, the U.S.A.
and most Commonwealth countries, influencing over 30% of the world population.
Islamic law: Controlled, ruled and regulated by the Islamic religion and followed
by over 20% of the world population. Its main source is the holy book, the Koran,
complemented by the Sunna–limited interpretation of the Koran by the prophet. This
legal methodology is known as Shariah (the way to follow). The sacred law purports
to regulate all aspects of society and its citizens. One unique characteristic of
Islamic law is the precedence of collective rights over individual rights. Individual
rights and freedoms are restricted by the religion’s moral and divine imperatives.
Recent developments have favoured an extensive interpretation of the moral rules
to adapt to the new reality of the 21st century.
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If you like laws and sausages,
you should never watch either being made.
Otto
von Bismarck, German statesman
(1815-1898)
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Mixed systems. They include
two or more legal methods used concurrently or interactively in a multi-cultural
or multi-religious society. The legal systems of many North African and Middle Eastern
countries are strongly influenced by the civil law tradition, but in some areas,
especially those relating to personal status, family matters and property law, these
countries tend to follow Islamic tradition.
Customary law: Body of usage and customs that have, through time, acquired
force of law. There are many expressions of customary law, which can be developed
notably through religion, race or cultural identity. It plays an important role in
a relatively large number of mixed law countries and, over time, many of these nations
tend to implement their “customary laws” in a code. Justice can be delivered in many
ways adapted to local traditions.
Legal systems in former Soviet Union and Eastern Europe. The vast majority
of these countries were part of the civilist legal tradition prior to the 1917 revolution
or postwar changes. Following those events, parts of their codes were invalidated
to accommodate communist ideology, and their civil codes were never fully abrogated
between 1917-1991. Since 1991, Russia and other East European countries have been
undergoing important reforms to adapt to globalization, while remaining true to their
civilist roots.
Impact of globalization: Legal systems have become, in certain areas, barriers
to the development of world trade. Hence, in the last 50 years, the rise of international
institutions which promote the harmonization of laws and try to minimize the effects
of “transystemic legal barriers”. International trade is the driving force in the
development of a jus commune that will transcend and coexist with traditional legal
systems.
 The UNESCO Courier
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Landmarks in legal
history
• 2350 BC: Urukagina’s Code
This code has never been discovered but it is mentioned in other documents as a consolidation
of “ordinances” or laws laid down by Mesopotamian kings.
• 2050 BC: Ur-Nammu’s Code
Earliest known written legal code. Evidence shows it was supported by a legal system
including specialized judges, the giving of testimony under oath, and the power of
judges to order damages to be paid to a victim by the guilty party.
• 1700 BC: Hammurabi’s Code
This Babylonian king came to power in 1750 BC. Under his rule, a code of laws was
developed and carved on a huge rock column. The expression “an eye for an eye” has
come to symbolize the code’s underlying principle.
• 1300 BC: The Ten Commandments
The Prophet Moses received a list of ten laws directly from God. Known as the Ten
Commandments, they later became part of the Bible.
• 1280 BC to 880 BC: The Laws of Manu
A written compilation of legal rules which had been passed on from generation to
generation. It formed the basis of the caste system in India, where people were classified
by their social standing. Punishment only used as a last resort. Members of higher
castes punished more severely than those of lower castes.
• 621 BC: Draco’s Law
Draco, a Greek citizen, was chosen to write a code of law for Athens. The code was
so severe that the word “draconian” has come to mean unreasonably harsh.
• 450 BC: The Twelve Tables
These laws written to govern Romans are considered to form the foundation of much
modern public and private law. Promoted the organization of public prosecution of
crimes and instituted a system whereby injured parties could seek compensation from
their aggressors. A basic principle is that the law must be written. Justice should
not be left to judges alone to interpret.
• 350 BC: The Chinese Code of Li K’vei
The first Chinese imperial code of laws dealt with theft, robbery, prison, arrest
and general rules. It served as a model for the T’ang Code.
• 529: Justinian’s Code
The Byzantine emperor Justinian is remembered for his codification of Roman law known
as the Corpus Juris Civilis. Many legal maxims still in use today are derived from
the code, which inspired the modern concept of justice.
• 604: The 17-Article Constitution of Japan
Written by a Japanese prince regent, the Constitution shaped morality and law in
Japan. One of its clauses said that “peace and harmony should be respected because
they are very important for intergroup relations”. Shows emphasis of “Oriental law”
which seeks to prevent disputes, whereas “Western law” seeks to resolve disputes.
• 653: T’ang Code
Listed crimes and their punishment in 501 articles, revising earlier Chinese codes
and standardized procedures.
• 1100: First Law School
Started by Italian jurist Irnerius in Bologna. By 1150, it had over 10,000 students
and contributed to the revival of the Corpus Juris and the spread of Roman law throughout
Europe.
• 1215: Magna Carta
King John of England signed Magna Carta (the “great charter”), conceding a number
of legal rights to his barons and to the people. The first time a king allowed that
he could be compelled to observe a law or that the barons could question him. Has
been called the “blueprint of English common law”.
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1776: The American Declaration of Independence
For the first time a government rebuked the medieval theory that certain people possessed
by right the power to rule others.
• 1804: Napoleonic Code
A comprehensive code of law enshrining many victories obtained during the French
Revolution, e.g. individual liberty, equality before the law and the lay character
of the state. Inspired similar civil codes in the Canadian Province of Quebec (1865),
Germany (1900) and Switzerland (1907).
• 1864: The Geneva Convention
Agreement designed to provide for minimal human rights in time of war, e.g. for protection
of military medical personnel and for humane treatment of the wounded.
• 1945-46: The Nuremberg War Crimes Trial
A panel of eight judges tried Nazi officials for crimes against peace, crimes against
humanity and war crimes, showing that even in time of war basic moral standards apply.
• 1948: The Universal Declaration of Human Rights
Proclaimed by the United Nations. Enshrines civil, political, economic, social and
cultural rights.
Source: The World Wide Legal Information Association
(More information can be found on http://www.wwlia.org/hist.htm)
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