Decision-making In Law

Apr-2025

Comparison of Common Law and Civil Law Systems

Feature Common Law System Civil Law System
Origin England Continental Europe (Roman law)
Main Source of Law Judicial decisions (precedent) Written codes and statutes
Criminal Jury Yes, widely used for serious cases Rare; sometimes mixed panels with laypeople
Civil Jury Sometimes, but less common Rarely; almost always judge-only
Judge’s Role Interprets law, guides jury, may decide Applies code, decides case
Philosophy Community participation, protection against state power, flexible law Expertise, consistency, predictability, less public participation
Examples USA, UK, Canada, Australia France, Germany, Japan, Indonesia