The criminal justice system is the set of institutions and procedures created by governments and whose aim is maintaining societal control, discouraging and mitigating lawbreaking, and sanctioning individuals who break laws with criminal consequences and rehabilitation efforts.
First page of the edition of the Napoleonic Code. Civil law is the legal system used in most countries around the world today. In civil law the sources recognised as authoritative are, primarily, legislation—especially codifications in constitutions or statutes passed by government—and custom. Modern civil law systems essentially derive from the legal practice of the 6th-century Eastern Roman Empire whose texts were rediscovered by late medieval Western Europe.
Roman law in the days of the Roman Republic and Empire was heavily procedural, and lacked a professional legal class. Decisions were not published in any systematic way, so any case law that developed was disguised and almost unrecognised. From — AD the Byzantine Emperor Justinian I codified and consolidated Roman law up until that point, so that what remained was one-twentieth of the mass of legal texts from before.
As one legal historian wrote, "Justinian consciously looked back to the golden age of Roman law and aimed to restore it to the peak it had reached three centuries before. Western Europe, meanwhile, relied on a mix of the Theodosian Code and Germanic customary law until the Justinian Code was rediscovered in the 11th century, and scholars at the University of Bologna used it to interpret their own laws.
Both these codes influenced heavily not only the law systems of the countries in continental Europe e. Greecebut also the Japanese and Korean legal traditions. Common law and equity[ edit ] Main article: Common law King John of England signs Magna Carta In common law legal systemsdecisions by courts are explicitly acknowledged as "law" on equal footing with statutes adopted through the legislative process and with regulations issued by the executive branch.
The "doctrine of precedent", or stare decisis Latin for "to stand by decisions" means that decisions by higher courts bind lower courts, and future decisions of the same court, to assure that similar cases reach similar results.
In contrastin " civil law " systems, legislative statutes are typically more detailed, and judicial decisions are shorter and less detailed, because the judge or barrister is only writing to decide the single case, rather than to set out reasoning that will guide future courts.
Common law originated from England and has been inherited by almost every country once tied to the British Empire except Malta, Scotlandthe U. In medieval England, the Norman conquest the law varied-shire-to-shire, based on disparate tribal customs. The concept of a "common law" developed during the reign of Henry II during the late 12th century, when Henry appointed judges that had authority to create an institutionalized and unified system of law "common" to the country.
The next major step in the evolution of the common law came when King John was forced by his barons to sign a document limiting his authority to pass laws. This "great charter" or Magna Carta of also required that the King's entourage of judges hold their courts and judgments at "a certain place" rather than dispensing autocratic justice in unpredictable places about the country.
Infor instance, while the highest court in France had fifty-one judges, the English Court of Common Pleas had five. As a result, as time went on, increasing numbers of citizens petitioned the King to override the common law, and on the King's behalf the Lord Chancellor gave judgment to do what was equitable in a case.
From the time of Sir Thomas Morethe first lawyer to be appointed as Lord Chancellor, a systematic body of equity grew up alongside the rigid common law, and developed its own Court of Chancery.
At first, equity was often criticized as erratic, that it varied according to the length of the Chancellor's foot. In developing the common law, academic writings have always played an important part, both to collect overarching principles from dispersed case law, and to argue for change.
William Blackstonefrom aroundwas the first scholar to collect, describe, and teach the common law.
Religious law Religious law is explicitly based on religious precepts. Examples include the Jewish Halakha and Islamic Sharia —both of which translate as the "path to follow"—while Christian canon law also survives in some church communities.
Often the implication of religion for law is unalterability, because the word of God cannot be amended or legislated against by judges or governments. For instance, the Quran has some law, and it acts as a source of further law through interpretation,  Qiyas reasoning by analogyIjma consensus and precedent.
This is mainly contained in a body of law and jurisprudence known as Sharia and Fiqh respectively. This contains the basic code of Jewish law, which some Israeli communities choose to use.
The Halakha is a code of Jewish law which summarises some of the Talmud's interpretations. Nevertheless, Israeli law allows litigants to use religious laws only if they choose.
A trial in the Ottoman Empire,when religious law applied under the Mecelle Main article: Sharia Until the 18th century, Sharia law was practiced throughout the Muslim world in a non-codified form, with the Ottoman Empire 's Mecelle code in the 19th century being a first attempt at codifying elements of Sharia law.
Since the mids, efforts have been made, in country after country, to bring Sharia law more into line with modern conditions and conceptions.
The constitutions of certain Muslim states, such as Egypt and Afghanistan, recognise Islam as the religion of the state, obliging legislature to adhere to Sharia.(This essay is excerpted and modified from Teaching About Women in China and Japan, by Lyn Reese, found in Social Education, NCSS, March ) (the Ch’ien T’ao poem is from Kenneth Rexroth & Ling Chung, Women Poets of China, New Directions Book, ).
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I have been working on an upcoming post about megatrends and how they drive tech. I had included the end of Moore’s Law to illustrate how the end of a megatrend might also have a big influence on tech, but that section got away from me, becoming much larger than the .
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Keeping this in mind, I will consider Japanese law and it's history, its source of justification, governmental institutions involved, its players, and how the public perceives the law in Japan.