Legal systems and legal families
A legal system is the whole way a country's law works: the rules, the courts, the lawyers and the habits of using them. A legal family is a group of countries whose systems have a similar style.
- Civil-law (Romano-Germanic) family: the main source is the written code and statutes. Judges apply the code. Examples: France, Germany, Ukraine, and most of continental Europe and Latin America.
- Common-law (Anglo-Saxon) family: court decisions (precedent) are a main source. Examples: the UK, USA, India (with many statutes).
- Religious and customary systems: rules from a religion or a long tradition, sometimes mixed with state law, as in parts of some countries.
Many countries are mixed. Families are a way to compare, not strict boxes.
The legal norm and its structure
A legal norm is one general, binding rule of behaviour set or accepted by the state. Most norms have three parts:
- Hypothesis (the condition): when and for whom the rule applies. Example: "a person driving a car".
- Disposition (the rule itself): what you may, must or must not do. Example: "must stop at a red light".
- Sanction (the consequence): what follows if you break the rule. Example: "a fine".
A norm may be stated across several articles of a law. Some norms give a reward or a power and not a sanction.
Subject and method of regulation
Law is sorted by two questions:
- Subject of regulation: which kind of social relations does the branch cover? For example, relations about property, about crime, about marriage, or about the state's power.
- Method of regulation: how does the law steer people? Imperative (by orders and bans; the state is above) or dispositive (by letting equal parties agree, within limits).
Two branches usually differ in at least one of these.
Branches of law; public and private law
A branch of law is a group of norms about one kind of relation. The old split comes from Roman law.
- Public law (the state is a party; method: orders): constitutional (state structure, rights), administrative (officials and citizens), criminal (crimes and punishment), and procedural law.
- Private law (equals; method: agreement): civil (property, contracts, torts), family, commercial (business), labour (work contracts, with extra protection for the worker).
Legislation (all written rules) is not the same as the system of law (rules sorted into branches), and neither is the whole legal system. Some branches, like labour law, mix both methods.
Key formulas and definitions
- Legal norm = Hypothesis (when) + Disposition (what) + Sanction (if not)
- Public law = state above โ orders ยท Private law = equals โ agreement
- Legislation โ System of law โ Legal system
Worked examples
1. Break down the norm: "A driver who goes through a red light must pay a fine."
Hypothesis: a driver at a red light. Disposition (implied): must stop. Sanction: pay a fine.
2. A landlord and tenant agree on the rent for a flat. Which branch and method?
Civil (private) law; method: agreement between equals (dispositive).
3. A person steals a bike. Which branch is used, and is it public or private?
Criminal law, which is public law: the state prosecutes and punishes. The method is imperative.
Common mistakes
- Mixing up "system of law" and "legal system". System of law = the rules sorted into branches. Legal system = rules + courts + lawyers + habits.
- Thinking every norm has all three parts written in one sentence. They can be spread over several articles.
- Thinking common law means "no written law". Common-law countries also have many statutes; precedent is just very important there.
- Thinking public means "free for everyone". Public law means the state is a party and uses orders.