Common law and Roman Law.

[Consumer dude]

Very interesting reading up on the difference..

[san_d]

So what's the difference?

[Consumer dude]

Not sure yet, still reading up on it..

[think about it]

How illuminating...

[Tawnyowl]

Capturing and holding one's attention; fascinating.

I must admit took a peek to see what this subject was all about.

But gave up,beyond me,seems a difficult subject to get to grips with.

But look forward to your summary,one day.Take your time.

Best wishes.

[BazzaS]

Very interesting reading up on the difference..

 

Depends on the semantics. Roman law as in the historical law of the Roman civilisation?

Or contrasting (modern) 'common law and civil law' systems?

[san_d]

Depends on the semantics. Roman law as in the historical law of the Roman civilisation?

Or contrasting (modern) 'common law and civil law' systems?

 

Common law = UK, USA

Roman law= the continent

 

I actually did study Roman law about 35 years ago.

[BazzaS]

Common law = UK, USA

Roman law= the continent

 

I actually did study Roman law about 35 years ago.

 

Correct that the UK and USA are common law systems.

Correct that continental Europe use a civil law system, which can also be known as "Roman law".

 

"Roman law" can also refer to the study of the historical law of the Roman civilisation, regarded as the first civil law system, from which the later civil law systems are derived.

[san_d]

The difference in a nutshell is:

 

Roman law = the authorities write the law and the judges apply it.

 

Common law = no law is written, the judges apply the law according to common usage.

[Conniff]

I'm not Italian nor am I common so neither apply to me.

[BazzaS]

The difference in a nutshell is:

 

Roman law = the authorities write the law and the judges apply it.

 

Common law = no law is written, the judges apply the law according to common usage.

 

Disagree. A common law system may well have statute law in parallel with case law, as is the case in the UK and USA (your examples of common law systems!)

The common law evolves from both as the precedent common law can be changed by a new statute, while common law can evolve from statute.

 

Examples : "squatting" was permitted under common law, but a new statute has made it illegal in some circumstances.

Murder was an offence under statute, but when that section of the Homicide Act was repealed, it remained an offence under common law.