The Development Of American Law

In today’s world, there are only two major legal traditions. Most countries implement either common law or civil law. Common law originates in England during the Middle Ages and adopted by British colonies across the world. Generally, common law is not codified but rather relies on precedent. Therefore most judicial decisions have already been made in similar cases and eliminates the need for comprehensive and continuously updated legal codes. Civil law is a concept that originally emerges from Europe, fundamentally based upon Roman law. The idea of unifying all law into one system is quite an old one. There have been significant development in the Western world. Specifically, the Code of Justinian sets forth the groundwork for the single largest legal reform of the modern age, the Napoleonic Code. The process of codifying a body of laws is to summarize and systemize them, so that the laws become more clear. Normally, civil law tends to stray away from definitive laws and relies on general principles that may be interpreted by the judge. It heavily depends on the judges to interpret each case and apply the necessary laws accordingly. A principal component of civil law is the codification. The earliest example of codification can be traced back to ancient Babylon with the creation of the Code of Hammurabi.

The difference between statutory law and common law is that statutory law is a written law where common laws are based on any prior court decisions and are legal binding. For statutory laws the government, state, and local agencies issue written statutes and regulations which eventually become part of statutory law, as for common law it is prior case decisions and rulings that are followed unless a judge finds a big difference in the between the previous case and current case.

The word law is defined as a system of principles and regulations of ethics and rules in order to keep people and also things in line, a set of rules of conduct. There are many functions of law in business and in society. Without the functions of laws many companies, etc. could and would not survive. Law is very valuable within businesses. Businesses have to have law because it is used as a protective shield for the companies. Without laws, companies could have lawsuits placed on them. So laws are put into place to help avoid as many lawsuits as possible. A majority of

The United States prides itself on the fact that we have the rule of Law. In other countries such as Japan, the people are expected to obey the government and corporations. If we did not have lawyers, bureaucrats would administer the law. Some complain that we have too many lawsuits, but very few would accept having to obey only the government and the bureaucrats.

Criminal law – This Law is widely statutory and covers a particular category of wrong that is considered social evils and threats to the community. Here the crime is against state regulations. Criminal Law is divided into three categories which are:

Common law is the system of laws, which originated and were developed in England, that are “based on court decisions, on the doctrines implicit in those decisions, and on customs and usages rather than on codified written laws” (Melvin, 2011). In other words, common law is law that is made by judges not by the legislature. It is law that is based on court precedent and it evolves over time. Statutory law, which is also referred to as statute law “is written law established by enactments

Laws have been a part of civilization for many years. Without them, civilization would implode. Chaos would erupt and people would be a danger to one another. The world would be in anarchy and a brutal place to live. Humanity would cease to exist. According to Wikipedia, law is defined as “a system of rules that are enforced through social situations to govern behavior (www.wikipedia.com).” Laws are put into place to regulate society.

Law is a system of rules that are enforced through social institutions to govern behavior. (Robertson, Crimes against humanity, 90).Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common jurisdictions.

In comparing the difference between legislative, also known as statute law, to common law or case law, I felt that each serve an equally important role within our judicial system. The statutes are set by a legislative body, consequently, case law is determined by the judges that hear the cases (Hall, 2015). A statute is a basic definition of an act that is deemed to be unacceptable by society with a defined punishment for acts committed violating it. The adjudication of the offense could yield a different outcome as prescribed by the statute, in turn setting a precedent for future cases of the same offense.

As mentioned in the text “Law is a body of rules established by government officials that bind government, individuals, and nongovernment organization.” These rules were established to maintain stability and justice. The five sources of law are common law, constitutional law, legislation, executive orders and administrative law. Common law is judge made and is grounded in tradition and previous judicial decisions, instead of in written laws. It was a tradition beginning in England as the United States had former ties to England, they were influenced by it. Constitutional law is the body of law that comes out of the courts in cases involving the interpretation of the constitution. The highest court is the Supreme Court.

Horwitz, in The Transformation of American Law: 1780-1860, argues that a commercial elite class worked with judges during the antebellum period to shift American law doctrine from anti-commercial to pro-commercial doctrines. These new doctrines benefitted the commercial elites and forced America to adopt capitalism over the original moral economy that was in place prior to the beginning shift in American law in the 1780’s. Horwitz breaks the book up into eight distinct chapters, focusing on the changing conception of law, a new conception of property, creating economic growth through the legal system itself, competition and economic development, the relationship between the bar and commercial interests, the emergence of contracts, the development of commercial law, and the rise of legal formalism.

Law is influence most imbibed in our life, drawn into nearly all matters we are doing. Almost every law time matching in we life and treatment without we realize. For example, almost unaffected most people by criminal law because they was not involved in behaviour that, in fact criminal behaviour not become part of normal life.

Rule of law in simplest terms means law rules, that is, law is supreme. The term “Rule of law‟ is derived from the French phrase “la principle de legalite” (the principle of legality) which means a government on principle of law and not of men. Rule of Law is a viable and dynamic concept and, like many other concepts, is not capable of any exact definition. It is used in contradistinction to rule of man. Sir Edward Coke, the Chief Justice in King James I‟s reign is said to be the originator of this principle. However, concrete shape was given to it by Professor A.V. Dicey, for the first time in his book “Law of the Constitution” (1885) in the form of three principles.

According to Reference.com (2007), law is defined as: “rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct.” Essentially law is the rules and regulations that aid in governing conduct,

During the human life the people created a charisma which has significant control over people and it was about to protect human rights and to punish criminals. Through centuries this system has been improved and edited several times before becoming global guide for human being. The Interest of lawyers in legal systems and in comparative law has been matter of abundant ritual. Noticeably, the collection of rules guides us toward normative which gives us right to accomplish or to limit our duty. Majority of rules, whether legitimate, moral or just habitual are normative, placing in standards of performance to which we should follow if the rules have considerable impact on population [ ]. Moreover, unwritten regulations are also conserved in right way of control, so they are called morality and ethics. The complete purpose of rules is to set a peace in community and to govern every single movement in law and out of law. The government of society has got some amended and multifaceted rules which manage working circumstance, adjust leisure recreations and rule personal relationship [ ]. Mainly nowadays most of government of countries is using two main types of legal system like “Civil and Common Legal System”. Task description makes us lead research about differences of civil and common law in beginning of legality, development of rules, and current status over the states and inhabitants.