Throughout the world, we have a wide variety of laws. From the Common Law to the Rule of Law to the Legal Systems of various countries. All of these laws have an important role in establishing and maintaining order. However, how do these laws work together and how do they influence political structures?
Common law
During the 17th century, Lord Chief Justice Edward Coke attempted to compile centuries of common law in the Institutes of the Lawes of England. He presented the law as a collection of maxims.
Although common law is often compared to Roman-derived “civil law”, the two traditions have fundamentally different reasoning processes. Unlike Roman-derived “civil law,” common law has no fixed reference point. Instead, it is constructed through a series of gradual steps.
Common law develops as courts issue precedential decisions. The common law court uses scholarly work for factual findings and policy justification. Although the court is not bound to past decisions, it agglomerates them as precedent. This enables it to adjust the law to meet the current trends and needs.
Rule of law
Despite its popularity, rule of law is not a universally agreed-upon concept. This is not because it is an abstract ideal; rather, it has to do with the actual governing rules and procedures in the country.
Rule of law refers to a set of laws, rules, and procedures, that are enforced and maintained to ensure equality and justice in the country. Various forms of absolute rule – from despotism to benevolent dictatorships – may be included in the definition.
Rule of law is also a practical concept. It requires government officials to obey ordinary laws and tribunals. This is a necessary condition to ensure that all citizens are treated equally and with due respect. Moreover, government officials should not be above the law because they wrote the laws themselves.
Relationship of law to political structures
Often, the connection between law and political structures is a contentious one. It is often made in a critical spirit, pointing to the importance of sociological and political factors in understanding law.
Law is an important tool of government action. It is a means of regulating social relations and impacting social change. The concept of law is a broad one that touches on individuals and governments. It is a system of enforceable rules that governs the relationships between government and private institutions.
Law and politics are inextricably linked. The rule of law is the most prominent feature of a liberal legal order. However, this concept has received criticism for its naive view of social context. It is also often criticized for its agnosticism regarding the content of law.
Legal systems around the world
Throughout the world, there are five basic types of legal systems. These include civil law, common law, religious law, customary law, and mixed legal systems.
A legal system is a system of rules that are enforceable by governmental or social institutions. These rules are usually based on precedent, or previous judicial decisions. The doctrine of precedent is that a court’s decisions bind subsequent decisions.
The most common type of legal system is the civil law system. This system is common in most countries of continental Europe and Africa. It is also common in many parts of South America.