The Legal Families Atlas

Common law

Common law began in medieval England. Judges decide cases and their reasons become precedent: later courts follow earlier decisions on the same point. Statutes matter a great deal today, but judges still develop and explain the law. Trials are usually adversarial, meaning the two sides present their cases to a neutral judge or jury.

Civil law

Civil law grew from Roman law and the great codes of the 1800s, such as the French Civil Code of 1804 and the German Civil Code of 1900. The main rules are written in codes. Judges apply the code to the case. Earlier decisions are respected and often followed, but they are not binding in the way common-law precedent is. Judges often play a more active role in running the case.

Mixed: civil and common law

Some countries combine civil-law and common-law features, usually because of their history. Scotland, South Africa and Israel are well-known examples. Often private law (contracts, property, family) follows one tradition and procedure or public law follows the other.

Religious (Islamic) law is a leading source

In these countries Islamic law (Sharia) is a leading source of law, at least in areas such as family and inheritance. Most of them also have modern civil codes or common-law elements, so the real system is usually a blend. How much religious law applies, and to which subjects, differs a great deal from country to country.

Customary law is a leading source

In these places local custom and tradition are listed first among the sources of law, though state law (civil or common law) usually sits alongside them. Customary law matters in many other countries too, especially in family, land and local-community matters.