The common and Civil legal systems were starkly different from each other for various reasons including historical once. The main differences are tabulated below
Point of Difference Common Law Civil Law
Origin England Europe
Method Uncodified Codified
Jurisdiction Based on precedence Punishment based on offense
Optimal Authority Judge and Jury of ordinary people decide based on case facts presented Judge’s decision is based on codified set of laws pharma fraud
Legislators, legal scholars define the codes of law
Civil Law, due to its practical approach gained popularity. It has been replicated in various forms in over 150 countries across the world. The codification of law is systematic; it is a collection of legal rules, offense and punishments. They are listed in the constitution of law which the judiciary has to follow.
Tracing the origins of Criminal laws
As misdemeanors, treason and felonies increased, there was a need to clearly define morals and values which should guide the society. Criminal law earlier referred to war crimes, overtime it extended to crimes that unfolded in the society as well. Criminal Laws undergo continuous change as the values that guide the society continue to change with the prevalent times.
First set of criminal laws can be traced back to Iraqis; their written code clearly demarcated civil and criminal offenses. Their code came into existence around 2050 BC. European law started to document criminal activities and their punishments in the 18th century. This is when offenders were tried in court rooms. Both English criminal law (which is included in the common law) and European criminal law started to document every offense which was tried in the court. The rulings of these cases became precedents for all the future trials. E today precedence plays a pertinent role in judgments’.
Effectiveness of legal system
Any legal system that offers a fair trial, one that is not biased is considered efficient legal system. Court room procedures should value facts and evidence; the trials should be conducted such as not to disadvantage any of the parties. Impartiality is the primary requirement of effectiveness of legal system.
The legal systems should be accessible to all; there should be ample awareness about legal rights of individuals. The cost of taking ones disputes to the court should be nominal so as to enable the poorer segments of the society to reach the tribunal for justice.
Problems within the legal system
There are a few problems in the legal systems across the world, some of them are universal.
Hiring lawyers to fight ones case can be an expensive affair. Government provides minimal aid to enable the poorer sections to bring their disputes to court.
Lack of awareness
Legal rights and judiciary system remains inaccessible due to the fact that there is low awareness. Lack of education among lower class people is a huge disadvantage. They do not know the hierarchy of the judiciary system and often remain unaware of their basic legal rights.
Huge numbers of cases remain pending either due to lack of evidence or for want of additional facts. A typical land dispute case could go on for years’ and across generations.
Delays in dispute resolution
Court hearing delays and the time that elapses for any dispute resolution proves to be a deterrent for many individuals to approach the judiciary to resolve their issues. More transparency is also sought in the system in this regard.
The legal system has evolved continuously; there are flaws which are fixed from time to time. The changing values and morals which guide the society are included in the legal system as amendments.
An effective legal system gives a strong political and economic foothold in the world scene. Most countries strive hard to reduce bureaucracy and corruption in the system. The Police system plays an important role in bringing down criminal activities and creating a safe and harmonious society. Thus, focus remains on employment of efficient people in police and Government offices.
Lowering of costs, accessibility to the lower sections and on time resolution of disputes are the need of the hour. Governments constantly strive to strengthen their legal systems.