Common Law vs. Civil Law
- Selin Kısacıkoğlu
- Aug 28
- 2 min read
Common Law
The common law system, also called case law or judge-made law, is mainly based on past court decisions. Its central principle is stare decisis, meaning courts must follow earlier rulings in similar cases. This gives higher courts a strong influence over lower ones.
One of its main strengths is flexibility: judges can adapt rulings to new situations, creating principles over time. However, this also means laws are not always written clearly in one place, and people often need legal experts to interpret them.
Countries that practice common law procedure: Ireland, most of the United Kingdom (England and Wales and Northern Ireland), Australia, New Zealand, Bangladesh, India (excluding Goa),Pakistan, South Africa, Canada (excluding Quebec), Hong Kong and the United States. (Eyears, n.d.)
Civil Law
Civil law, also known as the continental or Romano-Germanic system, comes from Roman law and was later shaped by the Napoleonic Code in Europe. Today, it is the most widely used system, followed in France, Spain, Germany, Latin America, Japan, China, and many other countries.
Civil law relies on written codes and statutes rather than past court rulings. Judges mainly apply the law as it is written, rather than creating new principles through their decisions. This makes the system more predictable and gives citizens a clear framework of what is legal and illegal. However, it can also be less adaptable to rapid social changes compared to common law.
Key Differences
Source of law: Common law is shaped by precedents and court decisions, while civil law is based on detailed codes.
Role of judges: Judges in common law create precedents; in civil law, they mainly apply statutes.
Flexibility vs certainty: Common law adapts more easily to new issues, while civil law provides stronger predictability and stability.
Geography: Common law dominates in English-speaking countries; civil law is more common in Europe, Latin America, and parts of Asia.
Which is better?
Neither system is universally “better.” Common law is often praised for its flexibility, making it easier to adjust to modern challenges like technology or bioethics. Civil law, on the other hand, offers clear written rules that give people more certainty about their rights and responsibilities. In practice, many countries now use hybrid systems, combining elements of both to benefit from adaptability and predictability at the same time.
Conclusion
Both common law and civil law play a vital role in shaping how justice is delivered. Their differences show two distinct approaches: one built on evolving precedents, the other on written codes. As globalization continues, legal systems increasingly borrow from each other, creating blended models. Instead of asking which is “better,” the more useful question might be: how can countries balance flexibility with legal certainty in a changing world?
References and Further Reading
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