An introduction to Civil Legal Systems
Categorising national legal systems
We can classify national legal systems into types. The common law and the civil law legal
systems are the two main types of legal systems in Europe. They are two of the major world
systems, reflecting imperial and colonial histories of European states. We can note in passing
other classifications and types include socialist legal systems, Islamic legal systems, tribal or
custom based systems and those which are considered to be a mix of systems. The map below
divides the world into five types.
© University of Ottawa
You have already studied the principles of the English legal system (ELS), the original and
archetype common law system. This topic introduces civil legal systems.
,By classifying national legal systems into one of these groupings does not mean there are no
important differences between nations identified with the same type of legal system. But it
does mean we can make some generalisations that typify a national system as one type rather
than another. Our purpose here is primarily to have an understanding of the characteristics,
historical and modern, that identify a civil legal system. This allows us to contrast with
characteristics of a common law system, and certainly the ELS. Studying another legal system
is helpful as it gives a different perspective to reflect on the purposes and functioning of legal
systems. It is also helpful as it will give a perspective to consider the European Union (EU)
legal system which forms a major part of our module. We can note now that the EU is
constituted by states from both the common law and civil legal systems.
We should add a caveat to our approach. Just as the English legal system has important
differences from the American legal system, both are common law legal systems, the
characteristics considered below are generalisations and the particulars of any legal system
should be studied on its own terms according to its own sources and conventions.
That said, this introduction will familiarise you with some of the shared characteristics that
have typified so-called civil legal systems and will enable you to contrast them with the ELS.
Introducing civil legal systems
Let us be clear when we refer to a legal system as a ‘civil’ one we are referring to the type of
legal system of a country or a state. In this sense we do not mean civil law as distinguished
from criminal law, eg contract law or family law. The ELS is not a civil legal system, it is a
common law system. Italy, for example, has a civil law legal system, not a common law
system. Scotland has a mixed system of common law and civil law.
, The civil law system has a longer history than the common law system, and, both in Europe
and globally, it is much more extensive.1 The map below makes clear that Europe is dominated
by civil legal systems.
The key characteristics of a civil legal system
The following can be seen as the characteristic features of a civil legal system which make it
distinguishable from the common law system.
A civil legal system:
• reflects the influence of Roman law
• is a codified legal system
• is underpinned by a theoretical and dogmatic approach to understanding and learning
the law
• emphasises the key role of the legal scholar
• denies or under-emphasises judge made law
• relies on inquisitorial rather than adversarial trial processes.
1
J H Merryman and R Pérez-Perdomo, The Civil Tradition – An Introduction to the Legal Systems of Europe and
Latin America (Stamford University Press 2007, 3rd edn), 1; the summaries and explanations in this paper are
substantial based upon this book.
Categorising national legal systems
We can classify national legal systems into types. The common law and the civil law legal
systems are the two main types of legal systems in Europe. They are two of the major world
systems, reflecting imperial and colonial histories of European states. We can note in passing
other classifications and types include socialist legal systems, Islamic legal systems, tribal or
custom based systems and those which are considered to be a mix of systems. The map below
divides the world into five types.
© University of Ottawa
You have already studied the principles of the English legal system (ELS), the original and
archetype common law system. This topic introduces civil legal systems.
,By classifying national legal systems into one of these groupings does not mean there are no
important differences between nations identified with the same type of legal system. But it
does mean we can make some generalisations that typify a national system as one type rather
than another. Our purpose here is primarily to have an understanding of the characteristics,
historical and modern, that identify a civil legal system. This allows us to contrast with
characteristics of a common law system, and certainly the ELS. Studying another legal system
is helpful as it gives a different perspective to reflect on the purposes and functioning of legal
systems. It is also helpful as it will give a perspective to consider the European Union (EU)
legal system which forms a major part of our module. We can note now that the EU is
constituted by states from both the common law and civil legal systems.
We should add a caveat to our approach. Just as the English legal system has important
differences from the American legal system, both are common law legal systems, the
characteristics considered below are generalisations and the particulars of any legal system
should be studied on its own terms according to its own sources and conventions.
That said, this introduction will familiarise you with some of the shared characteristics that
have typified so-called civil legal systems and will enable you to contrast them with the ELS.
Introducing civil legal systems
Let us be clear when we refer to a legal system as a ‘civil’ one we are referring to the type of
legal system of a country or a state. In this sense we do not mean civil law as distinguished
from criminal law, eg contract law or family law. The ELS is not a civil legal system, it is a
common law system. Italy, for example, has a civil law legal system, not a common law
system. Scotland has a mixed system of common law and civil law.
, The civil law system has a longer history than the common law system, and, both in Europe
and globally, it is much more extensive.1 The map below makes clear that Europe is dominated
by civil legal systems.
The key characteristics of a civil legal system
The following can be seen as the characteristic features of a civil legal system which make it
distinguishable from the common law system.
A civil legal system:
• reflects the influence of Roman law
• is a codified legal system
• is underpinned by a theoretical and dogmatic approach to understanding and learning
the law
• emphasises the key role of the legal scholar
• denies or under-emphasises judge made law
• relies on inquisitorial rather than adversarial trial processes.
1
J H Merryman and R Pérez-Perdomo, The Civil Tradition – An Introduction to the Legal Systems of Europe and
Latin America (Stamford University Press 2007, 3rd edn), 1; the summaries and explanations in this paper are
substantial based upon this book.
