Common Law versus Civil Law (user search)
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  Common Law versus Civil Law (search mode)
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Author Topic: Common Law versus Civil Law  (Read 2641 times)
Okay, maybe Mike Johnson is a competent parliamentarian.
Nathan
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« on: March 23, 2017, 06:45:46 PM »

I think common law is better for a healthy democracy. Civil law with inquisitorial trials just isn't very participatory or responsive.
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Okay, maybe Mike Johnson is a competent parliamentarian.
Nathan
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« Reply #1 on: March 25, 2017, 02:49:20 PM »
« Edited: March 25, 2017, 02:51:31 PM by modern maverick »

I think common law is better for a healthy democracy.

It seems to me that the only countries that use common law (that is, basically former British colonies) are all fairly lacking in democratic standards. There is a wide variation among Civil Law countries, but they include all of Northern Europe, which strikes me as a far better model to aspire to.

I don't think common law is necessarily better for fostering democratic institutions; I mean that I think it's better for countries where democratic institutions are already well-established, whereas with newer democracies or mixed regimes it's probably best to have the clarity and systematization that civil law provides. This is a prescriptive hunch (and not really much more than a hunch), and not necessarily connected to the systems that various countries actually have.
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