common features of law

On the contrary, the better analysis, is that the common law and equity remain distinct but mutually dependent features of law: ‘they are working in different ways towards the same ends, and it is therefore as wrong to assert the independence of one from the other as it … Just a law can govern millions of similar acts and that saves the legislator from making millions of laws for similar acts, which may make the law unnecessarily bulky. Law creates norms by allowing, ordering or prohibiting the social behaviour. The main aspect of Common Law system is that it is unfair to treat differently some cases that have a similarity. A common law system” is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different occasions. The English common law system is the foundation of several systems of law throughout the world. In other words, sanction will make the wrong doer to think that s/he made a fault and s/he should correct it. - This law is made to be applicable only on a person who commits the crime. Learn about one of the world's oldest and most popular religions. Judicial precedents derive their force from the doctrine of stare decisis [Lat.,=stand by the decided matter], i.e., that the previous decisions of the highest court in the jurisdiction are binding on all other courts in the jurisdiction. Since it does not specify the names of the persons governed, the same law governs any person that falls in the subject on whom the law is made to be applicable. Generality of law, as indicated above, does not only refer to the subjects governed but also the human conduct, which is controlled. 4. Judges take an active role in shaping the law here, since the decisions a court makes are then used as a precedent for future cases. Originally, supremacy of the law meant that not even the king was above the law; today it means that acts of governmental agencies are subject to scrutiny in ordinary legal proceedings. Judges decide cases cases found in precedents provided by past decisions, in contrast to the civil law system, which is … “The debtor shall personally carry out his obligations under the contract where this is essential to the creditor or has been expressly agreed.” [Civ. Sanction may be criminal. It operates the doctrine of judicial precedent. All rights reserved. Check our encyclopedia for a gloss on thousands of topics from biographies to the table of elements. This gives the system flexibility, while general acceptance of certain authoritative materials provides a degree of stability. A verification code will be sent to you. “Every person has the inviolable and inalienable right to life, the security of person and liberty.” [Article 14 of the 1995 Constitution of the Federal Democratic Republic of Ethiopia]. Common law, which is also known as case law or precedent is law that has been developed by judges, courts and similar tribunals. Common law is defined as law that has been developed on the basis of preceding rulings by judges. Therefore, it is even less general than the second illustration. 1ff] Analysing the features and nature common to all laws would help us to understand the concept of law. Civil law A law will present the following characteristics. It does not specify the names of specific persons or behaviours. (b) On attainment of 18 years of age, to vote in accordance with the law.” [Article    38(1)(b) of the 1995 Constitution of the Federal Democratic Republic of Ethiopia.]. In fact, many countries use a mix of features from common and civil law systems. However, the extents of the generalities decrease from universality to an individual person. Learn more about the world with our collection of regional and country maps. Common law rules may be superseded or replaced by legislation, which is said … D is not true. Consider the following illustrations. The Columbia Electronic Encyclopedia, 6th ed. They oblige the subject to act, as they require him/her to act. Civil Law: Statutes and other subsidiary legislations are the main sources. Please enter the email address for your account. Common law, also known as case law, is law developed by judges through decisions of courts and similar tribunals. No person shall be selected president for more than two terms” [Article 70(4) of the 1995 Constitution of the Federal Democratic Republic of Ethiopia]. From the pragmatic point of view, American jurist, Benjanin Nation Cordazo defines law as “a principle or rule of conduct so established as to justify a production with reasonable certainty that it will be enforced by the courts if its authority is challenged.” [Steven; 2003: 8]. It really started to find its feet after the Norman Conquest of 1066, replacing local law with a law for the whole of England. The civil law tradition developed in continental Europe at the same time and was applied in the colonies of European impe-rial powers such as Spain and Portugal. Therefore, this law is directive law. Infoplease is a reference and learning site, combining the contents of an encyclopedia, a dictionary, an atlas and several almanacs loaded with facts. Secondly, it gives relative permanence to the law. It is very important when carrying out common law. Directive law usually uses phrases like: -          shall have the obligation/duty. COMMON LAW V CIVIL LAW COMMON LAW(characteristics)for comparing or contrast purpose Common law systems are mostly found in former british colony and protectorate including US, it is less prescriptive than civil law system,citizens are benefited by enactment and legislation in specific fields.more often are the implied terms usage. In this lesson you will learn the history and definition of the English common law system. Nevertheless, in many instances, the courts have failed to keep pace with social developments and it has become necessary to enact statutes to bring about needed changes; indeed, in recent years statutes have superseded much of common law, notably in the fields of commercial, administrative, and criminal law. The common law tradition emerged in England during the Middle Ages and was applied within British colonies across continents. Key features of English law … Lawyers work on articles of association, directors' and shareholders' rights, and the … So a crime committed against a person is looked upon far worse that a crime committed against property. The principal sources of UK law are: 1. 8 most essential characteristics of Law. Law does not simply describe or explain the human conduct it is made to control. The following are some of the common features of law as relevant to a law student: It is a body of rules. The common law tradition emerged in England during the Middle Ages and was applied within British colonies across continents. “Every worker shall have the following obligations to perform in person the work specified in the contract of employment.” ( emphasis added) [Article 13(1) of the 2003 Labour Code Proclamation No. It is not optional. Need a reference? This shows the normative feature of the law. Permissive laws allow or permit their subjects to do the act they provide. Characteristic Features of Common Law. Anglo – Saxon customs in the period up to (1066) and the impact of the Norman rationalisation and centralisation of authority. Definition of the term may vary due to the different types of purposes sought to be achieved. It originated during the reign of King Henry II (1154-89), when many local customary laws were replaced by new national ones, which applied to all and were thus "common to all". Changing conditions, however, soon make most decisions inapplicable except as a basis for analogy, and a court must therefore often look to the judicial experience of the rest of the English-speaking world. The biblical record demonstrates that the characteristics, or nature, of law reflect the nature of God Himself. Common Law: The main source is judicial precedents or case law. It has been called Dhama in Hindu jurisprudence and “Hukum” in Islamic system. [Biset Beyene, Introductory Note on Law in general, 2006, Unpublished, Alpha University College, Pp. 8 most essential characteristics of Law. “No one may” shows that any one is discouraged from acting as provided by the law and so it is a prohibitive law. The preeminent characteristic of God for legal purposes is that He is the uncreated Creator of everything that exists. - This law is made to be applicable only on a person who commits the crime. Where there is violation the law sanction would follow. According to Black’s Law Dictionary [Garner; 2004: 900] law consists of rules of action or conduct. The main purpose of sanction is to prompt a party (a wrong doer) to respond. Characteristics of the profession Social role. The law is certain. There is no need to change the law when individuals leave the group. C. Art. FEN Learning is part of Sandbox Networks, a digital learning company that operates education services and products for the 21st century. It is Man-made. The distinctive feature of common law is that it represents the law of the courts as expressed in judicial decisions. BASIC FEATURES OF LAW [Biset Beyene, Introductory Note on Law in general, 2006, Unpublished, Alpha University College, Pp. If the fault committed is defined by criminal law, the person will be liable to a sanction provided under the criminal law. Common law is case law made by judges based on similar decisions made in previous cases. [ 2] T The body of precedent is called “common law” and it binds future decisions. The common law was a historically deemed term that meant a law common to the people of England, controlled by the Royal courts. Typically, however, in statutory interpretation the courts have recourse to the doctrines of common law. The human conduct in any law is given as a general statement on possible social behaviour. Characteristics of Common Law 1.Rule of LawThe rule of law, upheld by an independent judiciary, is one of Hong Kongs greatest strengths. In your reading you will constantly be referred to legal cases or what are sometimes referred to … 377/2003]. common law: Characteristic Features of Common Law. Broadly speaking, a common law system is based on the concept of judicial precedent. He argues that law has three features that distinguish it from other normative orders such as custom or convention [[Steven; 2003: 9]: a) There must be a pressure that comes from external in the form of actions or threats of action by others regardless of the person wants to obey the law or not; b) These external actions or threats of action always involve coercion or force; c) Individuals whose official role is to enforce the law must enforce the coercive action. It does not refer to any named specific act like stealing, killing by shooting and killing by spearing. [1] However, this essay also considers the development, through history, of the common law to another understanding as the body of law created by judges, and in that sense the law not created by equity or statute. Among these features and natures, the ones considered as essential include generality, normativity and sanction. Hence, its generality is both in terms of the individuals governed and in terms of the social behaviour controlled. - This constitutional provision is made to be applicable to every person in Ethiopia. Among these features and natures, the ones considered as essential include generality, normativity and sanction. The common law was a historically deemed term that meant a law common to the people of England, controlled by the Royal courts. ADVERTISEMENTS: If we will analyse the above definitions very carefully we can reach at a conclusion that law is a body of rules recognised and maintained by the state to regulate the human behavior and conduct in a society. Last modified on Wednesday, 02 May 2012 13:05, Insurance, Banking and Negotiable Instrument Law, Codes, Commentaries and Explanatory notes. Understanding the differences between these systems first requires an understanding of their historical underpinnings. Customary law can also be defined as the law which has from long and consistent usage, obtained the force of law. Common law is based on felling about right and wrong, which we all have. So if a judge is trying a murder case, he or she will try to look up similar cases that have gone before, to see how they were dealt with and what sentence was given. Each and every member of a society is required to follow the law. The United Kingdom of Great Britain and Northern Ireland (UK)consists of four countries: England, Wales, Scotland and NorthernIreland.Some law applies throughout the whole of the UK; some applies inonly one, two or three countries.This webpage describes law that applies either to the whole of theUK, or to England and Wales. 3, UNDHR ; 1948 ] the right to life, liberty the... Person who becomes a president in Ethiopia, 2006, Unpublished, Alpha College! Precedents arising from conflicts between different individuals judiciary, is law developed by judges a. In applying as well as creating the law of the State to choose a new password for your.... To ( 1066 ) and the Trojans Note on law in general, law is made to be applicable to. The common law the different types of purposes sought to be applicable only to Ethiopian nationals who attain 18 of... This feature, law may be described in terms of legal order tacitly or formally by. 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Second illustration: Divisions and Codes digital Learning company that operates education services and products for the 21st century give... Uncreated Creator of everything that exists directs or commands the subject from doing the act required to! Cover law that govern the way in which power is exercised in Hong.! An adversarial system their subjects whether to act, as they require him/her to or... Of Parliament may give a minister or some other party the authority to make legal provisions judicial precedents or law...

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