Law Essay-了解世界的法律体系
我真的相信我们的现代社会需要法律。法律是指导方针,它陈列了合适的行为,所以我们被要求去遵守这个系统的规则,为了保持所有事的平衡和稳定。没有实行这些期望的任务,人类简直将等同于动物-更糟糕的是,会允许他们的阴暗面出现并控制他们的生活。
世界的法律体系
为了这个目的,每个国家有一个一定的体系,所有的居民要服从的:最新的在世界中这里有大约200个国家,每一个都制定了他们自己的法律体系,是以某些特征和国家的因素为基础的。法律体系包含特定的法律和规则,在社会中来塑造公民的道德和行为。这里有许多学术用语来描述什么是法律系统但是在我看来描述最好的是来自J.H梅丽曼:
三个最普遍的法律系统是,欧洲大陆法系,普通法系和宗教法系。每个这些法律体系都是独一无二的,有它自己的个体特征和个人结构。让我们在每个系统上简单的看一下,看系统是怎样不同于对方或如何发现他们的相似之处。
普通法系
历史,来源和结构
普通法律流行在英国和它以前的殖民地,包括澳大利亚,加拿大,美国。传统上,普通法,顾名思义,治理不是通过一个法典,而是法院法律,随着时间的推移逐发展的。这个和民法系统不同,更多的被欧洲和法国,西班牙殖民统治的地区引进。
Understanding The Legal Systems Of The World Law Essay
I truly believe that our modern society needs Law. Laws are
guidelines that set out appropriate behaviour, so we are required to follow this system of rules, in order to keep everything balanced and stabilized. Without the fulfillment of these desired tasks, man simply will become equal to animals - or worse still, allow their darker sides to emerge and control their lives.
世界的法律体系-Legal Systems of the World
For this purpose every country has a certain system that the all citizens are required to obey: up to date there are about two hundred countries in the world and each of them makes its own Legal System that is based on certain characteristics and factors of the country. The Legal System consists of certain laws and rules that shape the citizen's morality and behaviour in the society. There are many academic terms describing what 'legal system' is but from my point of view the best one is the description by J.H Merryman:
The three most widespread Legal Systems are: Continental Law Legal System, Common Law Legal System and Religious Law Legal System. Each of these legal systems is unique and has its own specific features and individual structure. Let's take a brief look on each system and see how systems differ from each other or discover their similarities.
普通法系-Common Law Legal System
History, sources and structure
The common law system prevails in Britain and its former colonies, including Australia, Canada, and the United States. Traditionally, the common law system, as the name implies, was governed not by a code, but by court-made law that developed incrementally over time. It is different from the civil-law system, which is introduced mostly in Europe and in areas colonized by France and Spain.
The body of decisional law based largely on custom as declared by English judges after the Norman Conquest of 1066. The common law doctrine of following precedent, known as stare decisis remains an important component of both the English and American legal systems today. English common law was based primarily on custom, tradition, and precedent rather than a formal written legal code. Over centuries of experience, the common law became the major influence on the development of American
criminal law both before and after the American Revolution. After the Revolution, the common law continued to be the basic law of most states. However, today almost all common law principles and rules have been enacted by legislative bodies into statutes with modern variations. ). One of the interesting characteristics of the system is that the common-law system
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