notes of legal system

From the very beginning of human civilization, people lived under the order of rules. Among them are social customs, moral codes and laws. Almost every modern state was ruled by law to some extent. Some countries have more complete and thorough judicial system than others. There are two most used legal system today, common law and civil law. Common law originated in England and thrived throughout all Britain common-wealth countries, some colonial countries of Britain and also the United States. Most of the rest countries adopted a kind of civil law system.

Common law is also called case law, because the main criteria of judgment is the cases which have been decided and can be used to determine similar cases happened later. Given the cases accumulated along the time is so enormous, it must be very difficult for the lawyers or judges to reference these cases. Therefore, there is no country completely ruled by common law. Many common rules have been generalized from these cases and written in separate codes as judging criteria. The most noticeable feature of common law is that the judges can largely participate in the process of legislation by making precedent cases. Maybe this feature partly accounts for the meaning of "common". The power comes from common people, not the elite legislation.

Civil law is probably the most used legal system in the world. One of the reasons is that continental law is enacted and enforced in a top-down manner. The legislation of a country passed laws and the judicial system ensured the obedience of law of the subjects. Obviously civil law system gives the judges less control or participation in the process of legislation, which make those countries which are not governed by an elected government tend to adopt civil law system in order to keep power in the control of the few.

The legal system plays a very crucial part in modern state governance. It even determines whether a country will prosper or perish. In short, the law system provides a rule of game in which each parties, government,individual or corporation, can make best of their capabilities to get as much benefits as possible.