Common Law

Páginas: 8 (1979 palabras) Publicado: 10 de noviembre de 2015







Common Law
Common law (also known as case law or precedent) is law developed by judges through decisions of courts and similar tribunals that decide individual cases, as opposed tostatutes adopted through the legislative process or regulations issued by the executive branch
A "common law system" is a legal system that gives great precedential weight to common law, so that consistentprinciples applied to similar facts yield similar outcomes. The body of past common law binds judges that make future decisions, just as any other law does, to ensure consistent treatment. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is usually bound tofollow the reasoning used in the prior decision. If, however, the court finds that the current dispute is fundamentally distinct from all previous cases, judges have the authority and duty to make law by creating precedent. Thereafter, the new decision becomes precedent, and will bind future courts.
One third of the world's population (approximately 2.3 billion people) live in common lawjurisdictions or in systems mixed with civil law. Common law originated during the Middle Ages in England, and from there was propagated to the colonies of the British Empire, including India, the United States, Pakistan, Nigeria, Bangladesh, Canada and all its provinces except Quebec, Malaysia, Ghana, Australia, Sri Lanka, Hong Kong, Singapore, Burma, Ireland, New Zealand, Jamaica, Trinidad andTobago, Cyprus, Barbados, South Africa, Zimbabwe, Cameroon, Namibia, Liberia, Sierra Leone, Botswana, Guyana, and Fiji.


Islamic Law
Sharia law (Arabic: شريعة) is the body of Islamic law. The term means "way" or "path"; it is the legal framework within which the public and some private aspects of life are regulated for those living in a legal system based on Islam.
Sharia deals with all aspects of day-to-daylife, including politics, economics, banking, business law, contract law, sexuality, and social issues.
There is not a strictly codified uniform set of laws that can be called Sharia. It is more like a system of several laws, based on the Qur'an, Hadith and centuries of debate, interpretation and precedent.
Sharia law is divided into three main sections:
1. Faith (Aqaida).
2. Ethics (Akhlaq).
3.the acts of Muslim



Codified Law
The codification of law has not only the practical goal to make legal rules and principles more accessible to judges or lawyers and to facilitate the teaching and learning of the law; it also has the objective of guaranteeing justice. Justice essentially requires that similar cases are treated alike. Thus, just decisions follow rules that require the samedecision if the same conditions are met. Justice, however, also requires that cases which are not similar are nevertheless treated according to the same principles, evaluations and reasons. Codification is intended to help achieve this goal.

Consequently, codified law does not consider law as a cluster of individual court decisions, particular rules and special principles. It rather takes law to be aunity, a legal system. A civil code, for instance, tries to articulate the underlying legal system of private law. This unwritten legal system is the criterion for the quality of the written code. A codification is good if the rules it comprises are coherent. As soon as there are contradicting rules or evaluations the
codification is flawed. If, for instance, the rules on liability are not coherentwith the rules on contract, or the rules on sale contracts and the rules on service contracts are incongruous, a codification is imperfect. The enterprise of codifying law thus presupposes the concept of law as a legal system that underlies the written statutes.














































La Ley ordinaria es la norma de rango legal que constituye, generalmente, el segundo...
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