reader b.law

• Legal systems are sets of rules and institutions that govern specific jurisdictions. They can be categorized into different legal families based on shared traditions and characteristics.
• The main legal families include: the civil law family, the common law family, and the mixed law family.
• 1. Civil Law Systems:

  • Based on Roman law and the codification movement in continental Europe.
  • Rely on written laws and comprehensive codes.
  • Most EU Member States follow civil law, except for Ireland, Cyprus, and Malta, which have common law elements.

  1. Common Law Systems:

  • Originated from English law.
  • Rely on case law and the principle of stare decisis (legal precedent).
  • Examples include the United Kingdom (except Scotland), the United States (except Louisiana), Australia, and Canada (except Quebec).
• 1. Religious Law Systems:

  • Based on religious texts and doctrines.
  • Examples include Islamic law (Sharia) and Jewish law (Halakha), which govern various aspects of life according to religious principles.

  1. Customary Law Systems:

  • Based on the customs and traditions of specific communities.
  • Regulate social life and are closely linked to the culture of the community.
  • Examples include tribal laws among indigenous groups.
• 1. Hybrid Legal Systems:

  • Result from the mixing of different legal traditions due to historical factors like colonization.
  • Combine elements from civil law, common law, religious law, or customary law.
  • Examples include India and parts of Africa, where various legal traditions coexist.
• 1. Origins of Roman Law:

  • Roman law began as tribal law, evolving from unwritten customary rules to a more structured legal system as the population grew.
  • The early Roman legal system was based on customs and traditions, which were considered immutable.

  1. Social Classes and Legal Access:

  • The Roman society was divided into plebeians (common people) and patricians (elite), leading to demands for a written legal code to ensure fair access to justice.
  • The Twelve Tables, created in the 5th century BCE, marked the first step towards a public legal framework.
• 1. Byzantine Empire and Justinian:

  • In contrast, Roman law thrived in the Eastern Roman Empire (Byzantine Empire) due to stability and the influence of Christianity.
  • Emperor Justinian's Corpus Iuris Civilis (6th century CE) codified Roman law into three parts: the Codex, the Digest, and the Institutes, which became foundational legal texts.
• 1. Decline and Reception:

  • The decline of the Byzantine Empire and the Germanic invasions led to a diminished understanding of Roman law in the West.
  • Roman law was rediscovered in the Middle Ages, particularly in Italy, where it influenced the development of legal systems in Europe.

  1. Influence on Modern Legal Systems:

  • Roman law laid the groundwork for civil law systems in many European countries, while common law systems developed separately, primarily in England.
• The Rediscovery of the Digest in Northern Italy
• During the early Middle Ages, Roman law was largely inaccessible and not actively studied in Western Europe, with texts preserved only in a few libraries and monasteries
• A revival of learning and the establishment of universities sparked renewed interest in Roman legal texts, including the Digest


  11th century CE
• University of Bologna


  Particularly significant in the revival of Roman legal texts
• ius commune

  A European common law that blended Roman law and canon law
• Deficiencies of customary law

  Allowed ius commune to gain influence
• The Norman Conquest of England began with the Battle of Hastings in 1066
• The Norman Conquest began

  1066
• The Norman Conquest led to

  The unification and centralization of England under King William the Conqueror
• Before the conquest, England was divided into independent Anglo-Saxon kingdoms, each with its own legal customs and a decentralized legal system
• Norman legal principles

  Introduced by William, replacing many Anglo-Saxon nobles with Normans
• William established a system of royal justices who traveled to hear cases, creating a more consistent legal system
• Common law


  • Characterized by case-based reasoning
  • Legally binding precedents
  • Making English law predictable and uniform
• Despite the rediscovery of the Digest, Roman law had minimal impact on English law due to the established dominance of common law
• The Normans focused on consolidating their rule and implementing their legal principles rather than adopting Roman law
• Roman law gained some interest during the Renaissance and the rise of legal humanism
• The incorporation of Roman law into English law was more selective and gradual compared to its influence in continental Europe
• Rediscovery of Roman Law in Northern Italy

  • Early Middle Ages: Roman law was mostly forgotten in Western Europe, with only a few copies kept in libraries and monasteries.
  • 11th Century: Interest in Roman law returned when universities were established, especially the University of Bologna in Italy. Scholars began studying ancient texts like the Digest.
  • Ius Commune: A new European legal system called ius commune developed, combining Roman law and church law (canon law). This started to replace local customs and helped create civil law systems in Europe.
• The Norman Conquest of England (1066)

  • Before 1066: England had many small kingdoms with their own laws, which were based on local customs and were not centralized.
  • After the Conquest: William the Conqueror unified England and introduced Norman laws. He replaced many local nobles with Normans and created a system of traveling judges (royal justices) who enforced the law consistently across the country.
  • Common Law: This led to the development of common law, which is based on court decisions and precedents (previous cases). It made English law more predictable and uniform.
• Limited Influence of Roman Law in England

  • Despite the revival of Roman law in Europe, it had little effect on English law because common law was already well established.
  • The Normans focused on their own legal system and did not adopt Roman law.
  • Only during the Renaissance did Roman law gain some interest in England, but it was incorporated more slowly compared to other European countries.
• 1. Different Sources of Law

  • Civil Law Systems: The main source of law is written codes and statutes. Judges apply these laws with little flexibility.
  • Common Law Systems: The most important source of law is judicial decisions (case law). Judges have more discretion and can help create new rules based on previous cases.
• 2. Legal Education

  • Civil Law Education: Focuses on studying codes and statutes. Students learn to apply general rules to specific cases and often engage in theoretical studies.
  • Common Law Education: Emphasizes studying cases and precedents. Students learn to analyze legal issues and develop practical skills for real-world legal practice.
• 3. Role of Judges

  • Civil Law Judges: Follow written laws strictly and are not bound by previous court decisions. They cannot create new laws or change existing ones.
  • Common Law Judges: Follow decisions made by higher courts and can adapt the law based on previous cases. They have more freedom to interpret the law.
• 4. Impact on Contemporary Legal Systems

  • The differences in how law evolved in England and continental Europe have shaped the legal systems we see today. Civil law systems tend to be more structured and based on written laws, while common law systems are more flexible and based on judicial decisions.