Question

Does the civil law system offer any advantages over the common law system, or vice versa? Explain.

Answer 1

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Does the civil law system offer any advantages over the common law system, or vice versa? Explain.

I believe both law systems can be equally effective in different situations. Having grown up in a common law system I believe, of course, that this is the more advantageous system.

However, civil law does have some great advantages. For example, the fact that case precedents are not binding can be an advantage in a certain situation. Just because a case has been previously tried that is similar, does not mean that it requires the same outcome as in a common law situation. They still have the ability to see past decisions and consider prior rulings but they are not required to adhere to them.

On the other hand, with common law, it is easier to stay steadfast on difficult decisions. Due to an extensive history of cases and outcomes, it is easy to prejudge a case without much effort. I believe the cultures in each country compliment their types of law according to exhibit 1-4 in the textbook. Just because the US uses common law, doesn’t mean it fits with Brazilian culture for example.