Civil
Civil law refers to the general
category for legal systems derived or descended from the framework of laws
through which the Roman Empire was administered. As such, civil laws are
typically contrasted with the opposing alternative for common law. In essence, the direction of
civil law is toward rigorous codification and then enforcement of those
codified legal measures, whereas common law inclines more toward an evolution
in practice and principle. The civil law of the relevant area will reside in a
distinct collection of written documents. It is then up to the discretion of
judges to correctly interpret and administer that law.
Though the concept is essentially Roman in provenance, the myriad
avenues for application of civil laws in the contemporary legal world do not
end with that period, but also reflect further evolutions in how humans use
laws to their own ends. In this regard, a civil law system is also related to
the past legal history of the European medieval system of feudalism, the
ecclesiastical of Christian churches of the period, and past German legal
theory.
One key distinction between common and civil laws is the place of precedent, for which there is almost none in the latter. Interpretation, as such, is more limited in a civil law court than it would be in one devoted to the common law. The Civil Law concept is particularly significant for how the various Latin American legal systems have developed, and is also noted to a less extent in Asian and African nations.
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