Legal System

Mathusian is under the common legal system.

This is a small country in the South Pacific, originally populated by people who are Polynesian natives until it was taken over and administered by the Australian government in 1900. It later on gained its independence in 1964. This is definitely a country under the common legal system where all citizens are under the same law. The fact that it was taken over by the Australian government before attaining its independence qualifies it under this system. Coldland, a North Atlantic island what was a French whaling station until World War II, at which point it was occupied by the Germans as a submarine base, and later granted independence by France is under the civil legal system.

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It qualifies under this legal system on the grounds that it was colonized by France, which is based on the Napoleon code, and the same country also operated under the Germans. The common legal system evolved from three English Crown courts. This was in the twelfth and thirteenth centuries. The early common legal system procedure was governed by a complex system of dire pleading. This system was later replaced in England and in the United States during the mid-1800s. Judges under this system are at liberty to assess or draw upon past o present judicial experience for different analogies to help in making a decision.

Under this system, adversarial exchange of both arguments and evidence form the basis of settling disputes. This is a non-discriminative system as all citizens are subject to similar set of laws. The government’s exercise of its power is also limited by the existing laws. Past references may have flaws hence making some judgment bias. United Kingdom (except Scotland), India (except Goa), Australia, Ireland, Singapore and Hong Kong do practice this system.The civil legal system originated in Western Europe.

It existed in times of Ancient Egypt and it was derived from the Code of Justinian. It emanates from the framework of the late Roman law and works around codification principles. Civil law jurisdictions deal with case law apart from any precedence value. Codification mainly provides all citizens with an easy access to a collection of the laws which definitely apply to them and that are mandatory for judges to follow, a good example being the Napoleon Code. All legal opinion publications are unofficial or commercial, save for the high courts.

The codes may however pose a challenge to other people to understand hence quite difficult to apply. Japan, Mexico, Russia, Switzerland and Turkey are civil states. The Islamic legal system, also known as the Sharia is practiced in several countries, especially those in Northern Africa, the Middle East, Central Asia and Northern Oceania. In this system, all areas are ruled by the sanction of the State. Its origin can be traced to the VII century when Mohamed wrote the Koran, the book that the dogmas and precepts rule de social and religious organizations of the Islamic people.

This law has its flaws as the state is given all powers hence no democracy. Saudi Arabia, Iran, United Arab Emirates, Oman, Sudan and Yemen are party to this system.The socialist legal system is mainly witnessed in communist and formerly communist states. It is a modification of the civil law on the basis Marxist-Leninist ideology. This system gives power to the state and agricultural co-operatives to own property, and has special courts and laws specifically for state enterprises.

This system has several negative aspects. It discourages diversity of political views hence locking people out of competition and democracy. It also has less calling for privacy as there is extensive control of the party over private life. The Judicial process also lacks adversary character. Public prosecution is deemed as the provider of justice.

Vietnam and People Republic of China are good examples of countries practicing this system.