Legal Systems Around the World

The study of the English Legal System includes an understanding of the various legal frameworks that exist globally.
Legal systems around the world are generally categorized into five primary types: * Codified Civil Legal System * Common Law * Customary Law * Religious Law * Mixed Legal System

Definition: A codified legal system is one where the laws of a country are written down comprehensively in a code or a series of codes.
The Code: The Code contains all the law relevant to a specific area. It is intended to be the primary and exhaustive source of law.
Written Constitution: Countries that utilize a codified system typically possess a written constitution.
Role of Judges: Under this system, judges are required to apply the code to all circumstances presented to them.
Predictability and Discretion: * The law is considered highly predictable because it is written down. * Judges have little to no discretion in interpreting the law, as their primary role is application.
Representative Countries: Nations with codified civil legal systems include France, Germany, Holland, Spain, and Portugal.
Amendment Process: It is significantly more difficult to change laws within a code. Such changes usually require a large majority of the legislature to vote for an amendment, often as high as $75\%$ .

The Basis of English Law: Common law forms the foundation of the English legal system.
History and Origins: * Common law emerged following the Norman Conquest. * William the Conqueror established the Curia Regis (the King’s court), which functioned as a travelling court system. * Initially, judges utilized local customs or old Anglo-Saxon laws to decide cases. * Over time, judges selected the most effective customs and decisions, which were then synthesized into a unified body of law. * The term "Common" signifies that the law applies throughout the entirety of the land, rather than being local or fragmented.
Characteristics: * Common law is unwritten in the sense that it does not originate from a single comprehensive code; instead, it develops from customs and judicial decisions (precedents). * Examples: The law on murder and the tort of negligence are primary examples of common law developments.
Modern Application: Judges still possess the authority to create common law today in the absence of existing legislation or an Act of Parliament. However, this is only possible when a real case appears before them for adjudication.

Definition: A custom is a rule or behavior that develops within a community naturally, without being deliberately invented or enacted by a legislature.
Legal Defense: A claim in court can be carried out in defense of "what has always been done and accepted by law."
Historical Significance: In the $17^{th}$ century, Lord Justice Coke described custom as "one of the main triangles of the law of England."
Current Status: In England, custom is largely viewed as a historical source of law and is unlikely to be a source of new legal rules in the modern era.
Judicial Consideration of Customs (Case Examples): * Egerton v Harding [1974]: The court considered a customary duty regarding the requirement to fence land to prevent cattle from straying. * Windsor Corporation v Mellor [1974]: A local authority was legally prevented from building on land because local residents proved there was an established custom giving them the right to use that specific land for lawful sports.

Origins: Religious law originates from the sacred texts of a specific religion.
Scope: In a religious sense, law includes codes of ethics and morality that are upheld and required by a deity.
Examples: * Halakha: Jewish law. * Hindu Law. * Sharia: Islamic law. * Canon Law: Christian law.
Nature of the Law: Because these laws are based on religious texts, they are viewed as eternal and unchanging.
Function: These laws govern a person's behavior and fundamental beliefs. Legal issues and disputes within these systems are frequently settled by religious officials.

Definition: Mixed legal systems are based on a specific combination of various legal traditions, including civil code, common law, religious law, and statute law.
Case Studies in Mixed Systems: * South Africa and Cyprus: These countries are defined as having mixed systems because they integrate common law and civil code rules significantly. * In these jurisdictions, private law is typically dominated by the civil code. * Public law is typically dominated by common law. * Malta: This system was initially based on Roman law but eventually developed into the French Napoleonic Code. It also incorporates influences from Italian civil law and English Common law. * The Channel Island of Jersey: This system consists of a mixture of modern customary law, English common law, and modern French Civil law.

Question: What legal system does Malaysia adopt? Justify your answer.
Note: This portion of the transcript invites student analysis regarding the hybrid nature of the Malaysian system, which incorporates Common Law (inherited from British colonial history), Syariah law (Religious law for Muslims), and Customary law (Adat).

Adversarial and Inquisitorial Systems: These represent different procedural approaches to conducting trials and legal inquiries.
The Rule of Law: The principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced.
Difference Between Civil and Criminal Law: Distinguishing between legal disputes between individuals/organizations and the prosecution of individuals by the state for conduct categorized as a crime.
Law and Morality/Justice: The exploration of the relationship between legal rules and ethical standards of right and wrong.
Role of Law in Society: The function of legal frameworks in maintaining order and facilitating social interactions.
Fault in Law: The importance of establishing blame or responsibility in both civil and criminal proceedings.