Major Legal Systems of the World

Why This Matters

When you're studying comparative criminal justice, understanding legal systems isn't just about memorizing which countries use which approach—you're being tested on how different societies conceptualize the relationship between law, authority, and justice. These systems reflect fundamental choices about who makes law, where legal authority comes from, and how disputes should be resolved. The distinctions between judge-made law and codified statutes, between secular and religious authority, and between individual rights and collective welfare show up repeatedly in exam questions about why countries handle crime, punishment, and procedure so differently.

Think of legal systems as the operating software that runs a country's entire justice apparatus. Common law treats judges as active lawmakers; civil law sees them as technicians applying pre-written rules. Religious legal systems ground authority in divine texts rather than legislative bodies. Knowing these foundations helps you predict how a country will approach everything from evidence rules to sentencing philosophy. Don't just memorize the list—know what source of legal authority and role of judicial actors each system represents.

---

Systems Based on Judicial Precedent

These systems treat court decisions as binding law. Judges don't just apply rules—they create them through their rulings, and those rulings bind future courts.

Common Law System

• Judge-made law through precedent (stare decisis)—past judicial decisions become binding rules for future cases, creating law incrementally over time
• Adversarial court process where attorneys for each side present competing arguments, and judges act as neutral referees rather than investigators
• Originated in medieval England and spread through colonization to the United States, Canada, Australia, India, and much of the former British Empire

---

Systems Based on Codified Statutes

These systems prioritize comprehensive written codes over judicial interpretation. The legislature, not the judiciary, holds primary lawmaking authority.

Civil Law System

• Comprehensive legal codes derived from Roman law traditions—judges apply statutes rather than create binding precedent
• Inquisitorial court process where judges actively investigate facts and question witnesses, taking a more directive role than in adversarial systems
• Most widespread system globally, used in France, Germany, Japan, most of Latin America, and much of continental Europe

---

Systems Based on Religious Authority

These systems derive legal authority from sacred texts and theological interpretation rather than legislative bodies or judicial precedent. Law is understood as divine command, not human creation.

Islamic Law (Sharia)

• Derived from the Quran and Hadith (prophetic traditions)—legal scholars (ulama) interpret these sources to derive rules for conduct
• Covers both criminal and personal matters, including family law, inheritance, contracts, and hudud offenses (crimes with fixed punishments prescribed in religious texts)
• Implementation varies dramatically from full application (Saudi Arabia, Iran) to limited family law jurisdiction (Egypt, Indonesia) to purely personal observance

Religious Law (Non-Islamic)

• Includes Jewish law (Halakha), Hindu law, and Canon law—each derives authority from sacred texts and religious scholarship
• Typically governs personal status matters like marriage, divorce, and inheritance rather than criminal law in most modern states
• Often operates alongside secular systems, with religious courts handling family matters while state courts handle criminal cases (as in Israel's rabbinical courts)

---

Systems Based on State Ideology

These systems subordinate law to political ideology, treating legal institutions as tools for achieving state goals rather than neutral arbiters.

Socialist Law

• Law serves the socialist state and collective welfare—individual rights are subordinated to social and economic goals defined by the ruling party
• Influenced by Marxist-Leninist theory, which views law as a tool of class control that will eventually become unnecessary under true communism
• Found in China, Cuba, Vietnam, and North Korea, though China has increasingly incorporated civil law elements for commercial matters

---

Hybrid and Mixed Systems

Many countries don't fit neatly into one category. Colonial history, cultural diversity, and modernization have created systems that blend multiple traditions.

Mixed Legal Systems

• Combine two or more distinct legal traditions that operate in defined spheres—often civil law for commercial matters and customary or religious law for family matters
• Reflect colonial layering, where European powers imposed civil or common law atop existing indigenous or religious systems
• Examples include South Africa (Roman-Dutch civil law plus English common law), Louisiana (French civil law within U.S. common law), and the Philippines (Spanish civil law plus American common law)

Hybrid Systems

• Integrate traditions more thoroughly rather than maintaining separate spheres—creating genuinely blended approaches
• India combines common law procedure with Hindu personal law, Muslim personal law, and codified statutes in a unified but pluralistic system
• Israel blends Ottoman-era civil law, British common law influences, Jewish religious law for personal status, and modern Israeli legislation

Customary Law

• Based on traditional practices accepted as binding within a community—often unwritten and transmitted orally across generations
• Recognized formally in many African constitutions, operating alongside state law for matters like land tenure, inheritance, and local dispute resolution
• Raises human rights tensions when customary practices conflict with constitutional protections, particularly regarding gender equality and due process

---

Quick Reference Table

---

Self-Check Questions

1. What is the fundamental difference between common law and civil law systems regarding the source of legal authority?

2. Which two legal systems both derive authority from religious texts but differ in how extensively they govern criminal matters in modern states?

3. Compare and contrast mixed legal systems and hybrid legal systems—what distinguishes South Africa's approach from India's?

4. If an FRQ asks you to explain why judges in France and judges in the United States play such different roles in criminal trials, which systemic distinction should you emphasize?

5. A country maintains separate religious courts for family matters while using secular courts for criminal cases. Is this better described as a mixed system or a hybrid system, and why?