Title World Legal System Question No 01 What is legal system Explain its sources and Common features in detail..pdf ✅

The legal system is a structured set of rules and processes that help maintain order and resolve conflicts in society. 3. DEFINITION OF WORLD LEGAL SYSTEM: World legal system means rules and processes that govern societies globally, ensuring fairness and resolving disputes through laws and courts. 4. MEANING OF LAW: Law is a system of rules and principles that govern society, established and enforced by a recognized authority. 5. DEFINITION OF LAW: ❖According to Salmond: “Law is the body of principles recognized and applied by the state in the administration of justice” 6. MAJOR LEGAL SYSTEMS OF THE WORLD: Following are the major legal system in the world. ❖Common Law: The Common Law system is derived from English law and is used in countries that were once part of the British Empire or had significant British influence. It relies on judicial precedent and the interpretation of statutes by judges. ❖ Civil Law: The Civil Law system is based on Roman law and is used in many countries around the world. It relies on codified laws and statutes enacted by the legislative branch, and judges primarily interpret and apply these laws. ❖ Sharia Law: Sharia Law is a religious legal system derived from Islamic principles and teachings. It is primarily used in countries with predominantly Muslim populations and is based on the interpretation of the Quran and the teachings of the Prophet Muhammad.
❖Socialist Law: Socialist Law is a legal system based on Marxist-Leninist ideology and was used in countries under communist rule, such as the former Soviet Union and China. It emphasizes state ownership and control over resources and means of production. ❖Customary Law: Customary Law is based on long-standing cultural traditions and practices. It is used in various indigenous communities and tribal societies around the world and is often orally transmitted and unwritten. 7. IMPORTANCE OF WORLD LEGAL SYSTEM: The world legal system plays a vital role in ensuring fairness, justice, and stability globally. It provides a framework for resolving disputes, upholding human rights, and promoting international cooperation. 8. SOURCES OF LEGAL SYSTEM: The legal system is a complex framework that governs society and ensures justice and order. It comprises various sources that provide the foundation for laws and regulations. Here are different sources of the legal system. ✓ Constitutions: Constitutions serve as fundamental documents that establish the structure of government, outline the rights and responsibilities of citizens, and allocate powers among different branches of government. They form the highest form of law and serve as the basis for other legislation. ✓ Statutory Law: Statutory law refers to laws enacted by legislative bodies such as parliaments or congresses. These laws are created through the legislative process and are codified in statutes or codes. They cover a wide range of issues and can be enacted at the federal, state, or local level. ✓ Case Law: Case law, also known as common law or judicial precedent, refers to legal principles established through court decisions. Judges interpret
and apply existing laws to specific cases, and their decisions create precedents that guide future similar cases. ✓ AGREEMENTS: One of the most important source of world legal system is agreement. These are the bilateral conventions among the different states. ✓ Administrative Regulations: Administrative regulations are rules and regulations created by government agencies to implement and enforce laws passed by the legislative bodies. ✓ International Law: International law encompasses rules and principles that govern the relations between nations. It includes treaties, conventions, and agreements between countries, as well as customary international law derived from consistent state practices. ✓ Customary Law: Customary law refers to legal principles and norms that develop from long-standing customs and practices within a particular community or society. These customs are recognized and enforced by the legal system as a source of law, especially in societies without a written legal framework. ✓ Religious Texts: In some legal systems, religious texts and doctrines play a significant role in shaping laws and legal principles. Religious laws, such as Sharia law in Islamic legal systems or Canon law in certain Christian denominations, provide guidelines for personal conduct, family law, and other areas of legal regulation. 9. COMMON FEATURES OF LEGAL SYSTEM: Common features of a legal system are as follow. • Laws: A legal system is based on a set of rules and regulations that govern the behavior of individuals and organizations within a society.