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What do you consider to be the fundamental differences between the common law and civil law tradition?
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| Submitted: Mon Jun 19 2006
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What do you consider to be the fundamental differences between the common law and civil law tradition? There is an amounting difference between common and civil law traditions and such differences can lead to significant differences in approaching substantive law. The fundamental difference between these two legal systems is that, the common law has adopted the historic English legal system. It includes the choice of law, also the choice of jurisdiction and recognition of foreign judgements. Throughout the development of common law, the case decisions that were recorded in law reports have ceased to be local and become common to all regions.1But common law was somewhat inflexible because it did not adjudicate a case that did not fall under the purview of a particular problem. Therefore, Equity was developed to rectify this problem. Hence common law and equity have been subsumed under the term: 'Common law,' and, where bought together into...
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