Common Law, Civil Law or Shariah Law? Or an alternative system? (user search)
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  Common Law, Civil Law or Shariah Law? Or an alternative system? (search mode)
Pages: [1]
Poll
Question: Which?
#1
Common law
 
#2
Civil law
 
#3
Shariah law
 
#4
Alternative system
 
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Partisan results

Total Voters: 29

Author Topic: Common Law, Civil Law or Shariah Law? Or an alternative system?  (Read 1146 times)
Gustaf
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« on: March 05, 2012, 08:15:20 AM »

These are the three dominant judicial systems of the modern world. Which do you prefer? Or do you find an alternative judicial system preferable?

Personally I'm leaning towards civil law for two reasons:
1)Some states(Egypt and Iraq) have abandoned common law for civil law, whereas no countries have abandoned civil law for common law.
2)Non-Western countries that escaped European colonialism(Japan, China, Korea and Thailand) all chose to adopt civil law rather then common law(despite Britain+America having been the most prominent Westerners to these countries). The exception being those Islamic countries which sustained Sharia law.

Are Egypt and Iraq models to follow? And might not this move have to do with anti-British sentiment following liberalization rather than anything else?

As for the second point, I think there are specific reasons here. East Asia was generally quite influenced by Germany when it comes to legal systems, as I recall.

There is a fair bit of empirical research indicating that common law countries perform better economically and democratically, but of course such research always carries with it a lot of potential biases that might be hard to disentangle.
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Gustaf
Moderators
Atlas Star
*****
Posts: 29,779


Political Matrix
E: 0.39, S: -0.70

« Reply #1 on: March 08, 2012, 06:30:59 PM »

Are Egypt and Iraq models to follow? And might not this move have to do with anti-British sentiment following liberalization rather than anything else?
Then why didn't countries that escaped French/Portuguese/Dutch control abandon common law out of anti-French/Portuguese/Dutch sentiment?

Maybe the momentum for it wasn't there? You have 2 data points, there are obviously a myriad of reasons going in to it.

Also, it seems like it must be harder to just chuck in common law, since it's typically developed organically.
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