civil law

common law

religious law

socialist law

an introduction

civil law

Romans Corpus Juris Civilis

accessible & written collections

codified statutes (Code of Hammurabi)

not determined by judges

created by legislature.

common law

decisions of courts (case law/precedent)

complicated binding

evolves through gradual steps

interpretation of statutes.

religious law

God
reality
knowledge
codes of ethics &
morality
endorsed by the state

Hindu law

Halakha

Biblical law

Sharia.

legal traditions

Chthonic legal tradition

Talmudic legal tradition

Islamic legal tradition

civil law tradition.

legal pluralsim

pluralistic systems

civil law and common law

civil law and religious law

common law and religious law.

socialist law

civil law system + MarxistLeninist ideology

Communist states

characteristics

limited private property

limited privacy

limited intellectual
property

limited human rights

limited adversary of
judicial process.

limited ruling classes

no diversity of political
views
superiority of the
Communist Party

anarchy

the absence of state

common sense?

freedom?

Wikipedia: legal systems of

the world
<http://en.wikipedia.org/wiki/
Legal_systems_of_the_world>
Factbook list of legal systems
<https://www.cia.gov/library/
publications/the-world-factbook/
fields/2100.html>

civil law

the nature

the French

the German

the Chinese

the nature

Roman law

written into a collection or code

not determined by judges

created by legislature:

new & old statutes

changes necessitated by court decisions

new statutory concepts.

Legislation is the
source of law.

four subgroups

French civil law: France, Belgium, Luxembourg,

Canadian Quebec, US Louisiana, Italy, Spain & their
colonies

German civil law: Germany, Austria, Switzerland,

Greece, Brazil, Portugal, Turkey, Japan, South Korea
&Taiwan

Scandinavian civil law: Denmark, Finland, Iceland,

Norway & Sweden

Chinese law: China.

law of France

judicial law

civil law (droit civil)

criminal law (droit pnal)

administrative law

administrative law (droit administratif)

constitutional law (droit constitutionnel).

French case law

Constitutional Council

administrative jurisdictions: administrative courts,

Commission des recours des rfugis, Commission
d'aide sociale, Section disciplinaire des ordres
professionnels, Audit Offices, Regional Audit
Offices, State Council & Court of jurisdictional
issues.

French
Environmental Code
http://195.83.177.9/code/liste.phtml?lang=uk&c=40

law of Germany

Basic Law for the Federal Republic of Germany

(Grundgesetz fr die Bundesrepublik Deutschland)

Civil Code (Brgerliches Gesetzbuch or BGB):

public law (ffentliches Recht) & private law
(Privatrecht)

criminal law (Strafgesetzbuch).

classical Chinese law

Confucianism (): human morality & wrong actions

Legalism ( ): political philosophy that upholds the rule of law

China, Japan, Korea, Vietnam, Taiwan & Singapore

fa (): fair, straight & just

yi (): social rightness

li (): order

li (): rites, rules of propriety

zhi (): control

law =
li()+ li() + fa() +
zhi()

modern Chinese law

Republic of China: Constitution, Civil Code, Code

of Civil Procedures, Criminal Code, Code of
Criminal Procedures & administrative law

Peoples Republic of China: socialist.

rule of law: fzh ()

thin theory of rule of law:

the law is supreme

all citizens are equal

thick theory of rule of law:

+ political, social, and economic concept.

Administrative Permission Law

+
Legislative Law
=
better rule of law

Nevertheless,

National Peoples Congresss ineffectiveness

ill-supremacy of the Constitution

political pressure on the judiciary

a high level of corruption

inadequate legal professions.

common law

a common law tradition

the English common law tradition

the classification of English law

case law

the doctrine of judicial precedent

using cases

a common law
tradition

English common law

tradition

classification of
English law

common law v statute law

common law v equity

common law v civil law

matters of fact v matters of law

case law

doctrine of
judicial precedent

using cases

socialist law

the socialist concept of law

civil law and socialist systems

from the Union of Soviet Socialist Republics to the

Russian Federation

socialist concept of
law

socialist ideology
Marxism
capitalist
economic policies
instruments

common law

all laws
civil law

social policies

Leninism

bourgeois
imperialistic
exploitative

ideal socialist society

ideal socialist society

no legal system

ideal socialist society

chaos

no legal system

ideal socialist society

slave-owning society
chaos

no legal system

ideal socialist society

medieval feudalism
slave-owning society
chaos

no legal system

ideal socialist society

capitalism
medieval feudalism
slave-owning society
chaos

no legal system

ideal socialist society

socialism
capitalism
medieval feudalism
slave-owning society
chaos

no legal system

ideal socialist society

classless society
socialism
capitalism
medieval feudalism
slave-owning society
chaos

no legal system

ideal socialist society

classless society
socialism
capitalism
medieval feudalism
slave-owning society
chaos

no legal system

equality

socialist concept of law

socialist concept of law

capitalism

private
ownership
inequality

socialist concept of law

capitalism

private
ownership
inequality

transform

socialist concept of law

capitalism

equality

private
ownership

common
ownership

inequality

transform

socialist concept of law

capitalism

equality

private
ownership

common
ownership

inequality

transform

socialist
property

personal
property

The Communist Party

only

The Communist Party

only

The Communist Party

plans

only

The Communist Party

plans

governs

civil law and socialist

systems

from
the Union Socialist Republics
to
the Russian Federation

European Community

European Union

monism & dualism

the institutions

the influence

the nature

European Community

European Union

three pillars
European
Union

three pillars
European
Union
European Community
(EC)

three pillars
European
Union
European Community
(EC)

Common Foreign and

Security Policy (CFSP)

three pillars
European
Union
European Community
(EC)

Common Foreign and

Security Policy (CFSP)

Police and Judicial

Co-operation
(PJC)

monism & dualism

1986 Single European

Act

the institutions

Council of
Ministers

the institutions

decision-making
Council of
Ministers

the institutions

decision-making
Council of
Ministers

European
Council

the institutions

decision-making
Council of
Ministers

European
Council

European
Commission

the institutions

decision-making

decision implementing

Council of
Ministers

European
Commission

European
Council

the institutions

decision-making

decision implementing

Council of
Ministers

European
Commission

European
Council

the institutions
European
Parliament

decision-making

decision implementing

Council of
Ministers

European
Commission

European
Council

the institutions
European
Parliament

consultative & advisory

decision-making

decision implementing

Council of
Ministers

European
Commission

European
Council

the institutions
European
Court of
Justice

European
Parliament

consultative & advisory

the influence

French

the influence

administrative law

French

the influence

administrative law

French

German

the influence

administrative law

administrative law

French

German

the influence

administrative law

administrative law

French

German

the influence
common
law

the nature

direct applicability &

direct effect

supremacy of
Community law