Differencies in substantive law and procedural law between common law Essay

Differencies in substantive law and procedural law between common law and civil law - Essay Example Civil Law gives its priorities to the doctrines and especially on the reports of codifiers over jurisprudence. The Common Law conversely, gives its priorities to jurisprudence over the canon. To elaborate on the difference of priorities between civil and common law, examining the different roles of legislator in the countries that practice the law (Tetley). For example, French law allows separation of powers since the courts only apply ruling while legislature work is to legislate and make laws. The other difference is that common law canon’s functions is to differentiate cases that appear unsuited to civics, and at some point may criticizes judgments that are made in court that seem to be biased according ruling. The civil law doctrines function is to avoid confusion that might cause a wrong judgment according to legal literature. Therefore, it provides the right procedure for judging difficult cases. Common law style of evaluating a case is different from the civil law style, since common law analyses cases that are similar in nature and extracts ruling from the previously set rules. The judge might add some rules and directions that do not exist to support the judgment made on the case. Civil law deals with legal principle that are firmly written to make decisions on certain cases (Tarr, 10). The judge comments on the history, the domain, and the application of the law accordingly without altering or adding some information. Therefore, the use and application of general mind is not allowed to be used in civil law to make judgments. Another difference is that civil law majors on the rights and compulsion to get the remedies of a case. It cannot make judgments without the use of legal doctrine that oversee the decision-making. On the contrary, common laws do not follow a set of guidelines or obligation to find a remedy to a case, but can add some knowledge of the