how does common law differ from roman law?
Common law and Roman law are two different legal systems that have been influential in different parts of the world. Here's an explanation of how they differ:
1. Origins:
- Common Law: It originated in England and spread to many countries that were once part of the British Empire, including the United States, Canada, Australia, and several other Commonwealth countries.
- Roman Law: It originated in ancient Rome and its influence spread throughout continental Europe, especially in countries like Germany, France, Italy, and Spain.
2. Sources of Law:
- Common Law: It relies primarily on judicial decisions made by judges in previous cases (also known as precedents) and the principle of stare decisis, which means that lower courts are bound to follow the decisions made by higher-level courts.
- Roman Law: It is based on a systematic code of laws known as the Corpus Juris Civilis, compiled under Emperor Justinian in the 6th century. Roman law places less emphasis on precedent and more on the interpretation of legal texts.
3. Flexibility vs. Codification:
- Common Law: It is characterized by its flexibility and adaptability. Judges use their discretion in interpreting laws and adapting them to current circumstances.
- Roman Law: It tends to be more codified and relies on a comprehensive set of laws that have been enacted by legislative bodies. It places less emphasis on judicial discretion.
4. Role of Judges:
- Common Law: Judges play a crucial role in developing and interpreting the law. They have the power to create new legal principles through their decisions and contribute to the evolution of the legal system.
- Roman Law: Judges have a more limited role in interpreting the law compared to common law. They are mainly focused on applying existing legal principles rather than creating new ones.
5. Application:
- Common Law: It is commonly used in countries with a legal system based on English or British influence, including the United States, Canada, Australia, and the United Kingdom.
- Roman Law: It is prevalent in many continental European countries, as well as countries influenced by European colonization, particularly in Latin America.
It is important to note that over time, legal systems have often adopted elements from both common law and Roman law, creating hybrid systems that combine various features from these two traditions.