Why is Legal English difficult?

Today we will stop at the differences between common law and civil law. If we speak about them as different systems, the common law system of jurisprudence (drept anglo-saxon- bazat pe regula precedentului/drept cutumiar ºi jurisprudenþial) is the whole system of law, including case law (cazuisticã/drept jurisprudenþial), statutes

(Legislaþie/ ansamblu de legi), codes (coduri) and equity (echitate/ drept echitabil), which originated in England and was later applied and adapted in USA and the other countries of the Commonwealth. The civil law ( drept romano-germanic/ drept Napoleonic/ drept continental), which is the legal system of most European countries, descends from Roman law.

Yet, in good legal English tradition, both these terms have other meanings.

Common law also signifies:

-the law common to the whole jurisdiction as opposed to local or customary law, ecclesiastic law and merchant law. 
-case-law as opposed to statutory law. The common law is not set down in codes, statutes and regulations, but found in the sum of binding precedents of actual court decisions. (Cf common law marriages and statutory rape.) 

-common law is used as opposed to equity. Although the old division between common law courts and courts of equity no longer exists, distinctions are made even today between legal rights and remedies (as determined by the common law), and equitable rights, and remedies (according to principles of fairness). 

Civil law also means private law as opposed to public law, military law and ecclesiastical law (drept civil).


prof. Iulia Dumitrãchescu
0744397946/0723658469
office@co-libris.ro