MY LAW, YOUR LAW

I have had a privilege to study in both legal systems and this lead me to the conclusion that the differences between the common and civil law systems are overstated. While I could easily agree that common law system seeks flexibility through setting precedents without legislators intervention, the civil law system seeks to achieve the same flexibility by leaving room to a judge not to be bound by the strength of the precedent. So, you have a common search for flexibility through opposing means. Many aspects of the common and civil law systems could be squared in a similar manner.

Moreover, my impression is that the diffrences are often emphasized for ideological and nationalistic reasons over the similarities that all legal systems share. In truth, legal systems serve the same social functions and they do it in fundamentally similar ways, differences petty and large notwithstanding. And both systems are becoming increasingly burdensome, complex, costly and unpredictable in their operation leading our global society to look for the next best thing after the rule of law is finally achieved by all.

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