Major Contemporary Legal Systems
摘要
This chapter presents a comparative overview of the world’s major legal systems, classifying them into distinct legal families based on their historical roots, core principles, and structural features. It begins by distinguishing between national legal systems and broader legal traditions, introducing six primary families: Romano-Germanic (continental), Anglo-American (common law), socialist, Islamic, Hindu, and African customary law. The chapter analyzes the Romano-Germanic system as codified and norm-based, rooted in abstract legislation and hierarchical legal codes. In contrast, common law relies on judicial precedent and the doctrine of stare decisis to ensure consistency and adaptability through case law. The socialist legal system, influenced by Marxist-Leninist ideology, prioritizes public ownership, centralized planning, and state interests over individual rights. Islamic law (Sharia) blends legal and religious norms grounded in divine revelation, emphasizing obligations over rights. Hindu law derives from ancient religious texts and caste-based duties, while African customary law reflects unwritten traditions, focusing on communal harmony over individual legal claims. The chapter emphasizes the coexistence and interaction of these systems, especially in pluralistic post-colonial and post-socialist societies.