GMS 724 Study Guide - Midterm Guide: Ali Khamenei, English Criminal Law, Sunnah
Document Summary
Common law: a common law system relies on tradition, judge- made precedent, and usage. It respects established case law in resolving disputes: judicial officials refer to statutory codes and legislations, but only after considering the rules of the court, custom, judicial reasoning. Civil law: a civil law system relies on systematic codification of accessible, detailed laws. It assigns political officials, not government-employed judges, the responsibility to translate legal principles into a compendium of statues to resolve disputes. Modernists, traditionalists and fundamentalists, however, advocate different interpretations of shari" a. Customary law: customary law is based on norms of behaviour practiced over a long period, a customary law system reflects the wisdom of daily experience or, more elegantly, spiritual legacies and philosophical traditions. Indonesia, on the other hand, blends theocratic law with its civil codes: officially, the united states " legal system is categorized as common law, technically, it is mixed due to louisiana"s use of french civil with.