The Holy Palatinate
31-08-2004, 08:30
As I understand it, while the English speaking world trundles along with a legal system out of the Middle Ages, the continent has updated to the Napoleonic Code. Now, although I understand the basic difference (we employ a pair of lawyers who are really just slight variations on the earlier knightly champions, while they have a team investigate the crime to work out what actually happened) I cerainly don't know enough to write it up as an issue. Which is a pity, as I know that a number of people have strong opinions on the matter - especially lawyers.
Does anyone know enough to write up the issue, or at least throw in what you know so that we can build it here?
Thanks..
Eta Carinae
04-09-2004, 16:28
Common law is derived from custom (such as property rights) and judicial precedent (previous court judgements). The historical (and to an extent, present) aim of common law is to protect property and allow their owners to do what they please with it as long as it doesn't affect neighbouring properties. The court system is adversarial, where the plaintiff (complainer) and defendant (complainee) argue their cases before an impartial judge.
Civil law is contained in comprehensive documents called codes. The court system is inquisitorial, where the judge has a prosecuting role.
In Western countries, both common and civil laws are strongly influenced by Christianity and Roman law.
Issue ideas:
Environmental law professor decry inertia of common law and how archaic property rights are damaging the environment. Demands environment statutes (written law passed by Parliament) be drafted so ecologically sustainable development is achieved.
Environment Minister says that common law is excellent in protecting the environment and that statutes are crippling common law. Demands that all statutes be removed.
Revolutionaries demand that present law (either common or civil) of your country be replaced with a new civil law, drafted by the Revolutionaries.
Religious fundamentalist demands present law be replaced with religious law. Every single aspect, no matter how barbaric or ridiculous it is. Effect is that your country becomes a medieval totalitarian nightmare.