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Question for Commonwealth countries and the U.S. only please. I have observed that most countries which apply the Common law are doing better than those that apply the old, cruel and vindictive civil law?

2006-09-07 14:35:29 · 4 answers · asked by Morgan 3 in Politics & Government Law & Ethics

4 answers

It actually has nothing to do with economic system... ie, capitalism. It has more to do with being open to society.

When ppl feel begin to feel 'restricted' or 'contained by rules to an extreme' within a society, hostility begins to build within them.

The problem is that a lot of the time ppl don't realize where the hostility is coming from and they take it our or target it on unrelated things.... such as hate crimes.. or blaming minorities...

In a common law system, there tends to be more of a broad umbrella that covers EVERYBODY so no one portion of society feels isolated. This basically results in more harmony overall.

2006-09-07 21:56:25 · answer #1 · answered by BeachBum 7 · 0 0

Common Law is a system that provides power to the Common Man. It is a system that is based on the tenets of Natural Law and Natural Rights and as such protects the individual by valuing his rights over that of any government or the state.
In so much as this is true, we must understand that no systems is a "common law" system of government. America has numerous civil law statutes on its books. That is what legislative bodies create. Here, as elsewhere, many protections of Common Law are being obfuscated and trumped by politicians seeking to increase their own power by expanding the powers of the state to enter into previously private or unregulated realms.
Actually government and economic systems do significantly affect each other. The more centrally controlled and economy is, the less prosperity it will have. Don't just view Soviet communism as an example, look at home to the effect that economic control policies have had on our economy ranging from the Roosevelt WPA efforts extending the depression, to the Regan nationalization of the air traffic controllers.
Civil law, while old, can be traced to Hammurabi's Desert Code and before. The attempts by leaders to create uniform systems of fair, just, and reasonable laws is as old as the efforts of those who look to such efforts in an attempt to corrupt those powers for their own self-aggrandization.
Indeed, in some ways, the federal American Constitution is an exercise in civil law. It enshrines the principles of Natural Law through the Common Law, but does so in a formal, civil law manner. That is to say, that while common law is a tradition of rulings, Parliamentary procedures, customs and virtues, the civil law is a formally passed piece of legislation on paper that is definite in wording (if not always in meaning), much like the American Constitution. While the American Declaration of Independence is described by some as a common law writ quo warranto, the followup Constitution might then be described as the final judgement of a jury of peers acting in their natural capacities.
Sorry I went a bit off topic in the last part. The distinction between Common Law system nations and other systems is far more illustrative of differences in quality of life issues. Look at other economic systems ranging from pure mercantile systems of premodern Europe, socialist systems of the 20th Century under both Republic and Communist systems. The world is far more complex than a simple civil vs common law breakdown and there are many paths to serving (or failing) the needs of the people in any nation.

2006-09-11 09:40:15 · answer #2 · answered by William P 3 · 0 0

Ah, the previous classless society. What a delightful dream! regrettably, this isn't any longer in user-friendly terms the unfastened industry that creates the 'training'. the guy has a significant function interior the end result besides. That pesky human element continuously screws up our utopian targets. Then, too, in case you predict a recommendations primary practitioner or a desirable notch jurist to artwork on the government scale, i think of you're upset interior the well-known of your wellness care professional and representation. It in no way fails, the tip results of a classless society isn't high quality for all, yet mediocrity for all. enable's all fail collectively.

2016-12-18 06:37:37 · answer #3 · answered by ? 4 · 0 0

Because most common law systems also tend to be capitalistic, and also tend to be more democractic.

It's both of the latter facts that make the difference.

2006-09-07 14:41:21 · answer #4 · answered by coragryph 7 · 1 0

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