sources and varieties of english law

UNIT 2
Legal Systems of the
World
Sources and Varieties of
English Law


Legal Systems of the World


Legal Systems of the World
Major legal systems:
1.CIVIL LAW
2. COMMON LAW
1.RELIGIOUS LAW


Legal systems of the world
CIVIL LAW (continental law)
most widespread system, based on Roman Law (French, German
Scandinavian)
-

Main source : enacted laws (codes/statutes) – passed by legislature

-

laws provide general principles and guidelines which are applied in
each case

COMMON LAW (Anglo-Saxon law)

-

developed in England in the 11th century – UK, Ireland, USA (except
Louisiana), Canada (except Quebec), Australia, India, Hong Kong

-

Sources of common law:
a) ancient customs,
b) judicial precedents (previous court rulings)
c) enacted laws

-

does not provide general principles, but court rulings


Legal systems of the
world
RELIGIOUS LAW
-

Main source: a religious system or document

-

usually follows the the principles of either civil or
common

-

Sharia in Islam; Halakha in Judaism
Afghanistan, Saudi Arabia, Oman Libya …

LEGAL SYSTEMS – often combinations of two or more
systems Israel (common, civil, Jewish), Cyprus,
Louisiana (French civil + common - federal laws;
Scotland – civil + common)


Common law vs. Civil law
The common-law legal system contrasts strongly with the civil-law legal
system of
Continental countries. Read the following pieces of information and
decide which type
of legal system they apply to.
A central importance of enacted law/central importance of precedent
B from general rules to particular cases/from individual cases to general rules
C principles are flexible/principles are based on real facts/ in time fixed principles
may not correspond to changing circumstances / principles develop in
individual cases/ general enacted principles are applied to individual cases

Common law
Continental law
A Basic characteristics of
the system
B Style of legal reasoning
C Legal principles

The United Kingdom
How do you understand the following geografical
names?
 Wales
 Great Britain
 The British Isles
 England
 Scotland
 Northern Ireland
 United Kingdom
 Ireland


The United Kingdom of Great Britain
and Northern Ireland
ENGLAND
NORTHERN IRELAND
WALES
SCOTLAND
(Great Britain)
The Republic of Ireland = a separate state


UK judicial system
UK – a unitary state made up of several separate
jurisdictions
- no single unified judicial system

UK judicial system
legal system

of England
and Wales

legal system
of Scotland

legal system
of Northern
Ireland

- substantial identity on many points
- considerable differences in law and in procedure


Sources of English law
 English legal system = common law legal system
 English law – no unified structure

ENGLISH

LAW

ENACTED
ANCIENT
JUDICIAL
LAW (Acts
of
CUSTOM
PRECEDEN
EQUITY

Parliament
S
TS
)
CUSTOM = unwritten law established by long use

EUROPEA
N LAW

JUDICIAL PRECEDENT = a legal decision in a previous case which is
considered as
an authoritative rule or pattern in future similar or
analogous cases
ENACTED LAW = written law made by Parliament or another legislative
body


COMMON LAW and EQUITY
-

two parallel systems of justice which exist side by side in English law

COMMON LAW
-

(as a source of law)

part of law formulated, developed and administered by the old common
law courts; based on the common customs of the country - UNWRITTEN

EQUITY
-

grew up from the practice of medieval Lord Chancellors; administered
by the Court of Chancery (Lord Chancellors were not bound by judicial
precedents of common law cvourts)

-

purpose – to add to or supplement common-law rules in cases where
these were too rigid to give justice (litigants were dissatisfied withe the
remedies of common law courts)

-

gradually became more rigid; 1873 – fused with common law; since
then administered by the same courts

-

now – an indistinguishable part of English law


Principal divisions of English
law
I according to the territory on which it is applied
1. DOMESTIC LAW
2. INTERNATIONAL LAW

II according to the parties involved

1. PRIVATE LAW – areas of law involving private
citizens
2. PUBLIC LAW – areas of law in which the state has a
direct interest


Sources and Varieties of
English
Law
Reading
comprehension
I Read quickly
the text
to decide which heading
goes with which paragraph of the text.
(1)
(2)
(3)
(4)

Common law
Branches of English law
English common law and Roman law
No unified structure of English law/ Equity and
common law

II Read the text once again in more detail and do
comprehension check exercises on pages 8 and 9.

Sources and Varieties of
English Law - Exercises
I Match the words from BOX A and BOX B below which are
most closely connected. What is the connection between
each pair of words?
BOX A

1. case law
2. justice
3. Lord
Chancellor
4. common law
5. custom
6. Parliament

BOX B

a) equity
b) legislator
c) case law
d) law reports
e) Equity
f) usage


Sources and Varieties of
English
Complete
following passage . For each blank space choose the correct word
Law

- the
Exercises
from the list below. Use each word once only.
The Importance of Legislation as a Source in English and
Continental Law
In many (1) continental countries much of the law is (2)__________ . For
this reason there is more written, or (3)_____________ than (4)
______________ law. In contrast, there is no general code of
(5)________________ law. Still,(6)___________ is common, and many
areas of law, e.g. (7)___________________ are codified, but
(8)______________ is the main source of the law.
partnership, enacted, continental, unwritten,
English, judicial precedent, legislation, codified


Match the following legal terms with
their definitions:
a court;
a lawyer;
a judicial precedent; enacted law;
legislation;
a judge;
the constitution;
parliament
=a written law made by Parliament or another legislative body
=a place where justice is administered
=the system of fundamental principles according to which a
nation, state, corporation, or the like, is governed
=making or enacting laws
=a public officer authorized to hear and decide cases in a court

of law
=a person whose profession is to represent clients in a court of
law or to advise or act for clients in other legal matters
=a legal decision in a previous case which is considered as an
authoritative rule or pattern in future similar or analogous
cases
=a legislative body in various countries


Essential terms


common law = 1. anglosaksonsko pravo (legal system) 2. englesko običajno pravo
(a source of law)



civil law = 1. kontinentalno pravo (legal system) 2. građansko pravo (branch of
law)



a custom = običaj



Roman law = rimsko pravo



the rules of equity = pravila/zakoni pravičnosti



enacted law = pisano pravo, zakonski propis (koje donosi parlament)




to enact = donijeti, propisati (od strane parlamenta)
to legislate = donijeti/donositi zakone



legislation = zakonodavstvo, donošenje zakona



legislature = zakonodavno tijelo, zakonodavna vlast



legislative = zakonodavni



judicial precedent = sudski presedan



criminal law = kazneno pravo; substantive law = materijalno pravo; family law =
obiteljsko pravo; administrative law = upravno pravo; constitutional law =
ustavno pravo; revenue law = financijsko pravo; adjectival (procedural) law =
procesno pravo