Description
you selected the legal tradition that was most interesting to you. For the purpose of this assignment, examine the other three legal traditions that were not selected in Unit 2 Discussion 1. Be sure to include the historical origin, the basic characteristics, and the prevalence of these legal traditions in contemporary society.
Unit 2 Discussion 1:
The Civil Law, The Common Law, Socialist Law, and Sacred Law. Based on your reading, which tradition is most interesting you?
Work from U2 Discussion 1:Civil law tradition is the most interesting to me. Under the civil law tradition, there exists a written constitution, which has a basis of specific codes, for instance, the civil code which covers constitution laws, tax laws, administrative laws, and corporate laws. The civil law tradition enshrines the basic duties and rights of the individual. Administrative law judges have almost similar characteristics to those of common law. In practice, they tend to make judicial decisions following previous similar cases.
In several civil law traditions, for instance, in Germany, a publication or an article by legal scholars influence the court. A civil law tradition has more prescriptions than other law traditions. It makes a clear difference between public and private law. Private laws consist of the regulations in a commercial and civil relationship, for instance, contractual agreement, divorce, and marriage. Public laws include concerns of the government, for instance, administrative laws, criminal laws, and constitutional laws (Merryman and Pérez-Perdomo, 2018). Interestingly, civil law traditions allow the existence of two sets of courts. The two sets of courts address the public and private law separately.
A civil law system judge is viewed as a government official and who performs tasks but does not incorporate creativity in the activities as opposed to other law traditions like the common law. The judges address matters concerning the written codes, both enacted by legislators and legal scholars. They as well make consultations to legal treatises on several issues. Hence, their interpretation of a case is not required. In civil law trials, judges supervise evidence collection and privately examine the witnesses. Civil law actions have several consultations, hearings, testimony letters, and pieces of evidence before rendering judgment, eliminating the necessity of a trial.
Reference
Merryman, J. H., & Pérez-Perdomo, R. (2018). The civil law tradition: an introduction to the legal systems of Europe and Latin America. Stanford University Press.
Sample Solution