The Different Types of Legal Systems

Throughout history, there have been several different types of legal systems. These systems may serve different purposes, including maintaining peace and the status quo, protecting minorities from majorities, and promoting social justice and orderly social change. Some systems are more effective than others in meeting these goals. For example, authoritarian governments tend to oppress political opponents and minorities. Other systems were imposed during colonialism, which established an empire over a region or 올오브변호사 country.

Law is a command of a sovereign

Austin emphasized that a law is a command of a sovereign, and that it is not a moral act. A command, in other words, is a rule, or a set of rules, that a sovereign grants to his subjects. According to Austin, a law is a command given by a sovereign and backed by sanctions. Austin did not include custom in his definition of law, as custom regulated people’s conduct before the state was established.

A law is a command given by a sovereign to a group of people, with sanctions attached. For example, a government law might state that it is against the law to kill someone. Another law, the Environment Protection Act, prohibits certain activities that harm the environment, like polluting water.

It limits governmental power

In the United States, the legal system limits governmental power. Under the Constitution, the president can only pass laws if Congress approves. Otherwise, courts can declare presidential acts unconstitutional. Moreover, the constitution grants powers to state and local governments. Federal law relates to crimes that affect all citizens, while state law relates to crimes committed by citizens within a state.

The separation of powers is another important feature of a legal system. This division is intended to prevent the concentration of power in one branch of government. It also allows for checks and balances between these branches. The legislative branch enacts state laws; the executive branch implements those laws; and the judicial branch interprets the constitution and laws.

It is adversarial

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In an adversarial system, the government (prosecution) and the defense (defence) are both represented by lawyers. The prosecution represents the state and the defence represents the accused. The plaintiff is the party making the complaint, and the defendant is the respondent. The adversarial system is very important in countries with common law. In some countries, judges can appoint a taxpayer-funded lawyer to defend a person who cannot defend themselves.

It is based on written opinions

Written opinions are an important part of the legal system. They provide the legal reasoning behind many of the legal decisions made by courts. A written opinion is generally quite lengthy and contains the reasons for a particular decision. The written opinion also serves as a precedent for future cases. While written opinions can be helpful in making decisions, they also have several drawbacks.

It is based on statutes

Statutes are written documents that provide the general rules and regulations for a society. These documents are created by legislatures, usually the senate and house of representatives. The legislative bodies work out their differences and come to a consensus to create a law. Once a bill passes, it goes to the governor for final approval. The governor, who acts as the president of the state, often has veto power, and the process of creating a law is rife with political negotiations.

It is based on treaties

Treaties are agreements between nations to govern a particular area. They are also called a Convention, Protocol, Pact, or Accord, depending on the nature of the agreement. Some examples of treaties are the Geneva Protocol and the Biological Weapons Convention. Treaties are legally binding only for the countries that sign them. Other examples include Executive Agreements.

These agreements provide a basis for the international law. However, treaties cannot alter criminal law. The Constitution requires that treaties meet certain legal requirements.