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Understanding Civil Law: Global Reach and Historical Influence

The Pervasiveness of Civil Law
  • Global Prevalence: Civil law is a remarkably widespread legal system across the globe. The speaker suggests it governs a significant portion of the world, potentially representing "a third" or even "the majority" of the world's legal jurisdictions.

  • Historical Roots (European Empires): The extensive reach of civil law can be attributed primarily to historical factors. Most European empires, distinct from England (which primarily used common law), implemented civil law in their territories and spheres of influence. As these empires expanded, so did the civil law tradition.

  • Examples of Civil Law Systems: Many countries today operate under civil law due to this historical legacy:

    • Portugal: Cited as an example of a European nation with a civil law system.

    • Japan: An instance of a country outside Europe that has adopted or been heavily influenced by civil law, demonstrating its global penetration.

  • Integration within Common Law Systems: A crucial and nuanced point highlighted is that civil law principles and statutes can actually be found "within common law systems." This indicates that the legal landscape is not always purely dichotomous; hybrid systems or areas where civil law concepts are integrated into primarily common law jurisdictions exist.