Traditional Culture Encyclopedia - Traditional stories - According to the historical tradition and external characteristics of law, what is the classification of legal system?
According to the historical tradition and external characteristics of law, what is the classification of legal system?
Different jurists have different dividing standards. For example, eissmann divided the legal system in the world into five legal systems: Roman law system, Germanic law system, Anglo-Saxon law system, Slavic law system and Islamic law system. Swiss scholar Hull has two criteria: (1) according to the degree of civilization: the law of semi-civilized nation, the law of semi-barbaric nation and the law of civilized nation; (2) According to ethnographic theory: Indo-European legal system, Semitic legal system, Mongolian legal system and uncivilized national legal system. On the other hand, scholars Zweigert and Katz, who influenced the division of modern legal system, divided it into eight legal systems according to five factors that influenced the style of legal order (legal system): Roman legal system, German legal system, Nordic legal system, common legal system, socialist legal system, Far East legal system, Islamic legal system and Indian sharia legal system.
Most of the current law textbooks in China admit that there are three pre-existing legal systems in the world, namely, the continental law system, the Anglo-American law system (or the common law system) and the socialist law system. Civil law system refers to the legal system of various countries based on Roman law, represented by French Civil Code and German Civil Code. Common law system, that is, Anglo-American law system, refers to the general name of various countries' legal systems based on English common law and inheriting the tradition of Britain since the Middle Ages. Socialist legal system refers to the general name of the laws of the former Soviet Union and socialist countries.
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