6 Legal Systems Applicable in the World
The legal system is open and can be influenced and influence other systems outside the law. Therefore, in the legal system there are similarities and differences.
This section will explain some of the world’s major legal systems, including:
Continental Europe (Civil Law System)
This legal system is adopted by Continental European countries which are rooted and sourced from Roman law, which is called civil law. The use of civil law terminology is because Roman law comes from the work of King Justinian, namely Corpus Juris Civilis.
Corpus Juris Civilis is a compilation of legal rules made at the direction of King Justinianus, containing a codification of laws originating from the decisions of previous kings, with additional modifications adapted to the social and economic conditions at that time.
The characteristic of the Continental European legal system is that it prioritizes rechtsstaat or a legal state that has an administrative character and considers the law to be written. That is, the truth of law and justice lies in the written provisions. This legal system has been practiced in several countries such as France, Germany, Italy, Switzerland, Autria, Latin America, Turkey, some Arab countries, North Africa and Madagascar.
Anglo Saxon (Common Law System)
The Anglo Saxon legal system is a legal system that has developed since the 16th century in England. In the Anglo Saxon system, there is no known standard and written source of law as is known in the civil law system.
According to the common law system, the highest source of law is a community habit that has been developed in court or has become a court decision. The source of law that comes from this habit is what makes this legal system called the common law system or unwritten law, which means unwritten law.
The most specific difference between the common law system and the civil law system lies in the positive law source, namely in the common law system the main source is the judge’s decision or judge made law. Whereas in the civil law system, the source of the law is legislation.
Some of the Anglo Saxon adherent countries are Britain, India, Afghanistan, Australia, Canada, Fiji, and others.
Islamic Legal System
One of the strongest characteristics of the Islamic legal system that distinguishes it from the Continental European and Anglo Saxon systems is the legal basis for its implementation which is based on the Islamic holy book and the teachings of the Prophet Muhammad’s sunnah in the form of the Koran and al-Hadith.
Based on the sunnah, Islamic law is a static law and cannot be amended as in the Continental European and Anglo Saxon systems. However, changes in Islamic law can be carried out by means of interpretation based on scholarship in the Islamic legal tradition, such as through fiqh, ushul fiqh, ulumul hadith through the ijtihad method that has been determined by scholars and fiqh experts.
Socialist Legal System
The socialist legal system is a legal system based on communist ideology. This system is more socialist oriented, laying the foundation on the ideology of a communist state with a spirit of minimizing personal rights.
In addition, the state is also the regulator and distributor of the rights and obligations of its citizens. Thus, in this legal system, personal interests are merged into common interests.
There are several countries that implement the Socialist Legal System, for example Bulgaria, Yugoslavia, Cuba, and countries former colonies of the Soviet Union.
Sub-Saharan Law (African Law System)
The African law system is a community-oriented legal system, in other words, all matters relating to the social solidarity of a community become legal rules that are mutually agreed upon to be carried out, obeyed and obeyed together.
In the sub-Saharan legal system, all citizens are bound by the rules of their community. In a country that adheres to this system, the position of customary rules (customary rules) is very strong and almost all of the legal content is a codification of customary rules.
Far East Asian Law System
The main feature of the far east law system is that it emphasizes harmony and social order. That is, this system always seeks to strengthen harmony and social order, and does not like the presence of open conflict. This is because open conflict tends to encourage the birth of disintegration and divide the social order.
As a result, in this legal system, people avoid legal litigation processes and prefer to resolve non-legal media conflicts. The Far East Asian legal system is practiced in Japan, Malta, the Philippines, Sri Lanka, Swaziland, and others.