The Human Element in a Common Law System

Law

In a common law system, the human element is diffuse. Law is an emergent product of the work of many people, originating from the legislative center of a state. A common law system aims to protect the rights of all its citizens, regardless of their nationality, religion, race, or sexual orientation.

Rule of Law

The rule of law is the principle that all citizens are accountable to the same laws and institutions. It is a political philosophy that aims to achieve these ends.

Defining the Rule of Law

The ABA calls on its members to speak out on behalf of the Rule of Law. The ABA recognizes the important role the rule of law plays in ensuring freedom and equality. Its definitions of the Rule of Law include protection of political rights, recognition of individual moral rights, and treatment of people with dignity.

Legal systems

In many countries, the legal systems differ significantly. Some are purely legislative, while others are hybrid. In Scandinavia, for instance, customary law has merged with civil law. In France, the laws are a blend of Norman customary law and French civil law. Some countries have comprehensive codes, which go beyond a single civil code to cover issues ranging from personal rights and responsibilities to legal personality.

Legal traditions

The concept of legal tradition is used frequently in legal history and comparative law. It has recently been made more relevant by an increasing interest in global perspectives. The process of globalisation involves dialectics, and legal traditions also play a key role in this. This article reviews characteristic usages of the term in classical legal histories and in the work of Canadian comparative law scholar HP Glenn.

Civil society

Civil society is a vital building block of national cohesion and development. It fills the space between government and private sector and serves the voiceless in society. It can also lay the foundation for reconciliation.

Courts

Courts are the adjudicating authorities for civil, criminal, and administrative disputes. They serve as the central mechanism for resolving disputes and are an integral part of legal systems. All people have the right to bring claims before a court. Additionally, every defendant has the right to present a defense to the court.

Justice system

The justice system is made up of both the state and federal levels. Most criminal laws are made by the state legislature, and state and local police enforce those laws. Judges sentence offenders to local jails or state-run correctional institutions. Federal law enforcement agencies also play an important role, with U.S. attorneys prosecuting and trying cases.