Not So Common Law
*Keep reading to find out about some Un-Common Law systems*
All legal systems aren’t the same?
Whether its the precedent poised common law, the carefully codified civil law, the curated customary law or the sacred sharia law, the world is divided when it comes to legal systems. Ironically, Common Law frankly isn’t all that common when it comes to legal systems. Common Law originated in 12th century England and was called:
““common” because it applied equally across the whole country.”
As you might have seen in the map already, Civil Law is the primary legal system in over half of the world, with few countries like Australia, United States and India adopting the British based system. But with Civil Law being more popular, this poses the question: Why does Australia use Common Law?
The Australian Legal System
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When Australia was colonized by the British, the country inherited their legal system, which continues to form the foundation of our legal framework. The Australian legal system is evolving to incorporate and acknowledge customary law but is still predominately Common Law based- But is it too late to switch to civil law?
Given the inherently traditional nature of the legal profession, transitioning to a Civil Law system would be a near-impossible feat.
The ongoing debate on the effectiveness of legal systems prompts reflection on which approach proves more impactful in the grand scheme. It's crucial to recognize that law is dynamic, constantly evolving to meet the changing needs, values, and challenges of society, emphasizing the necessity for continuous assessment and refinement
Different countries have unique needs and ways of defining success in their legal systems, shaping and adapting them for centuries. While the legal system itself serves as a tool, it is the legislation, cases, judges, advocates, parliament, and the people that collectively define and shape the essence of a legal system.
Uncommon Law Systems
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Many countries exhibit unique legal systems; for instance, South Africa adopts a hybrid of Roman Dutch civilian law, English common law, customary law and religious personal law.. However, one of the most intriguing cases is found in the United States—Louisiana.
49 states in the US use Common Law, except one: Louisiana
Influenced by its French and Spanish colonialist history, Louisiana derives its legal principles from the Napoleonic Code. This example underscores the diversity in law and demonstrates how tradition and history shape the legal frameworks within their respective states and countries. You can read more about Louisiana’s interesting case here.
Bad Advice from jeremy
Here are the top 3 most “Common Laws” that get broken (Edit- Reading the above I think I might have misread my task about Common Law instead of Common Law(s))
Speeding
Let me address the “common” excuses: “But I own a 4WD” , “But my car makes loud noises when i drive” and my personal favourite “It was night time”. None of these will hold up in court unfortunately, so lay off the accelerator.
Stealing
Yes we may be in a cost of living crisis but lets think with our lawyer brains here. You steal, businesses lose more money and guess what????? They have to put their prices up to stay afloat. Next time put the “Just 1 pack of chips” back.
Assault
If you want to fight then take up boxing and do it professionally. Voilence shockingly is not “cool” nor do people look and think “man that person is really strong”.
Let us know which country you think has the best legal system in the comments below!