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English law is also a common law system, relying heavily on previous precedents that have been set down in similar decisions. Civil law juristictions (for examp
by steve_gh 8y ago
English law is also a common law system, relying heavily on previous precedents that have been set down in similar decisions. Civil law juristictions (for example France) give less weight to precedence, so courts have narrower scope to interpret areas the current law does not cover exactly.
See here for an explanation (EDIT: more relevant secion from same wikipedia page) https://en.wikipedia.org/wiki/Common_law#Common_law_as_a_foundation_for_commercial_economies https://en.wikipedia.org/wiki/Common_law#Common_law_as_a_fou...
English civil law therefore has gained popularity, as it is reliable (precedents can be consulted), and because judges can easily adapt previous rulings to new circumstances.
- JAlexoid 8y agoThat's a bit off... Common law has a slightly bigger emphasis on precedents. Mostly because precedents can expand laws and establish conventions as laws. In civil legal system, precedents are clarifying and very specific. Common legal system is simpler at local levels(because it doesn't have to consult a central authority), and along with British empire - it is widely applied.