Civil Law is Easier than Common Law
There are two legal traditions that work as foundations to all-out administration of any country in the world; these legal traditions are; civil law and common law traditions.
This is one of the reasons why each country’s legal education as well as any sort of administration are not the same and also one of the reasons why we cannot reach our abstract aspiration: “the world law.” This article will reveal which tradition is easier in term of education and enforcement.
Civil law is much easier than typical law in both, regards to finding out and enforcement, however why?
From the very outset, civil law tradition is a “writing custom.” Composing methods every law or any nationwide reliable management rule are written down and followed by printing in paper copies (books, journals, periodicals or other media publication) as well as the fastest facilities: the internet. Composing makes the students, the fellow citizens along with the law enforcement officials simple, due to the fact that they have the ability to find the law anytime and anywhere (library, book shop, newsstand home library, etc) with or without the assistance from the specialist in the field; in contrast, I do not think this ease puts on the typical law nations. Above all, civil law is not as complicated like the typical law where law or decision is versatile in accordance with the case.
One of the instinctive reduces of civil law is that even the individual whose brain is completely white with law or any social organized issue can comprehend and it is much easier for major law students who make to clarify or deeply comprehend and surprisingly, for the law enforcement officials.
The truth that civil law is a written tradition does facilitate me as a law student in addition to others, because the majority of the times I do not require the specialist in the fields to describe me every encountering difficulties; everything is actually and plainly jotted down in the books.
In addition, civil law likewise facilitates judge in making the choice, since she or he have to follow an extremely stern system which are currently stated in the books. Not just the judge, all the 3 organization (legislative, executive and judiciary) and the fellow residents can easily follow exactly what stipulated in the books; this would dramatically alleviate the conflicts of institutional and personal interests.
The case that everything is written down in the civil law traditions, exposes me that it is much easier from students from usual law nations to study or practice laws in civil law countries, but it is extremely difficult for civil law learners or attorneys to study or practice laws in the usual law customs, because civil law is easier to find out than the usual law.
This short article does not plan to undervalue typical law tradition or promote the image of civil law tradition, however just, based upon the author’s viewpoint, to disclose the fact as well as other reasons why each nation in one region, continent or various region and continent are still, in term of social administration, are various or very various.
I have actually been residing in Cambodia, a civil law country, for even more than twenty years, this would make me extremely accustomed to this system (civil law tradition), however I strongly feel that my supporting sentiment is right. Exactly what do you think? Might be I am wrong, because I am not deeply familiar with the typical law custom, if it is so, let the argument begin!