11.2 Civil law systems
14 min read•august 20, 2024
, rooted in ancient Rome, form the foundation of legal frameworks in many countries worldwide. These systems rely on comprehensive written codes and statutes as primary sources of law, emphasizing consistency and predictability in legal decisions.
Civil law differs from common law in its approach to legal reasoning and the . While common law relies heavily on precedent, civil law focuses on applying codified laws to specific cases. This distinction shapes legal practice, judicial systems, and the overall administration of justice in civil law jurisdictions.
Origins of civil law
- Civil law systems originated in ancient Rome and have since spread to many countries around the world
- The foundations of civil law can be traced back to the Roman legal system, which developed over centuries and influenced legal systems across Europe
- Civil law is based on a comprehensive set of written laws and codes that are applied consistently to all cases
Roman law foundations
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- developed over centuries, beginning with in 451 BCE
- Roman law was based on the concept of , or the law of the citizens, which applied to all Roman citizens regardless of their location
- , written in the 2nd century CE, provided a systematic overview of Roman law and served as a model for later legal texts
- , compiled in the 5th century CE, consolidated and codified Roman laws
Justinian's Corpus Juris Civilis
- In the 6th century CE, Byzantine Emperor Justinian I commissioned the compilation of Roman law into a comprehensive legal code known as the
- The Corpus Juris Civilis consists of four parts: the Code, the Digest, the Institutes, and the Novellae
- The Code compiled all existing imperial constitutions, while the Digest collected and summarized the writings of classical Roman jurists
- The Institutes served as a textbook for law students, and the Novellae contained Justinian's new laws
Spread through Europe
- The Corpus Juris Civilis became the foundation for civil law systems in continental Europe
- During the Middle Ages, Roman law was rediscovered and studied in European universities, leading to its gradual incorporation into local legal systems
- The , introduced in 1804, was based on the principles of the Corpus Juris Civilis and served as a model for civil law codes in many other countries
- Civil law spread to European colonies, including Latin America and parts of Africa and Asia
Characteristics of civil law systems
- Civil law systems are characterized by a comprehensive set of written laws and codes that are applied consistently to all cases
- The primary source of law in civil law systems is legislation, rather than case law or precedent
- Civil law systems emphasize the importance of , with laws organized into systematic codes covering different areas of law
Codification of laws
- In civil law systems, laws are codified into comprehensive legal codes that cover all areas of law
- Codification aims to provide a clear, systematic, and accessible statement of the law
- are typically organized into books, titles, chapters, and articles, with each article containing a specific legal rule or principle
- Examples of civil codes include the , the , and the
Inquisitorial legal process
- Civil law systems use an inquisitorial legal process, where the judge plays an active role in investigating the facts of the case and determining the truth
- The judge is responsible for directing the proceedings, questioning witnesses, and gathering evidence
- The parties to the case are required to cooperate with the judge's investigation and provide relevant evidence
- This contrasts with the adversarial system used in common law countries, where the parties present their cases and the judge acts as a neutral arbiter
Role of judges
- In civil law systems, judges play a more active role in the legal process compared to common law systems
- Judges are responsible for investigating the facts of the case, directing the proceedings, and applying the relevant laws to reach a decision
- Judges are typically career civil servants who have received specialized legal training and are appointed based on their qualifications and experience
- The role of the judge is to interpret and apply the law, rather than to create new law through judicial precedent
Limited use of precedent
- In civil law systems, judicial decisions are not considered a primary source of law and do not have binding precedential value
- Judges are expected to apply the law as written in the codes and statutes, rather than relying on previous judicial decisions
- However, in practice, judges may refer to previous decisions for guidance and to ensure consistency in the application of the law
- Higher court decisions may have persuasive authority, but lower courts are not strictly bound by them
Emphasis on written argument
- Civil law systems place a strong emphasis on written legal arguments and pleadings
- Parties to a case are required to submit written briefs outlining their legal arguments and the evidence supporting their position
- Oral arguments play a less significant role in civil law proceedings compared to common law systems
- The judge relies primarily on the written submissions to reach a decision
Civil law vs common law
- Civil law and common law are the two main legal systems used around the world, each with its own distinct characteristics and historical origins
- The primary difference between civil law and common law lies in the sources of law and the role of judges in the legal process
- Understanding the differences between these two systems is important for lawyers, businesses, and individuals operating in different legal jurisdictions
Sources of law
- In civil law systems, the primary source of law is codified legislation, such as civil codes and statutes
- Judges in civil law systems are required to apply the law as written in the codes, with less emphasis on judicial precedent
- In common law systems, the primary sources of law are judicial precedents, along with legislation and customary law
- Judges in common law systems have the power to create law through their decisions, which become binding precedents for future cases
Role of judges and courts
- In civil law systems, judges play an active, investigative role in the legal process
- Judges are responsible for directing the proceedings, gathering evidence, and questioning witnesses to determine the truth of the case
- In common law systems, judges act as neutral arbiters between the parties, who are responsible for presenting their own evidence and arguments
- Common law judges have the power to interpret the law and create binding precedents through their decisions
Importance of precedent
- In common law systems, judicial precedents are a primary source of law and have binding authority on lower courts
- Judges are required to follow the decisions of higher courts in similar cases, under the doctrine of stare decisis
- In civil law systems, judicial decisions are not considered a primary source of law and do not have binding precedential value
- However, judges in civil law systems may refer to previous decisions for guidance and to ensure consistency in the application of the law
Adversarial vs inquisitorial process
- Common law systems use an adversarial process, where the parties to a case present their evidence and arguments before a neutral judge or jury
- The judge acts as a referee, ensuring that the rules of evidence and procedure are followed, but does not actively investigate the case
- Civil law systems use an inquisitorial process, where the judge plays an active role in investigating the facts of the case and determining the truth
- The parties are required to cooperate with the judge's investigation and provide relevant evidence
Civil codes
- Civil codes are comprehensive legal codes that form the basis of civil law systems
- Civil codes aim to provide a clear, systematic, and accessible statement of the law, covering all areas of private law, such as contracts, torts, property, and family law
- Civil codes are typically organized into books, titles, chapters, and articles, with each article containing a specific legal rule or principle
Structure and organization
- Civil codes are organized in a logical and systematic manner, with each book or title covering a specific area of law
- For example, the French Civil Code is divided into three books: persons, property, and the acquisition of property
- Within each book, the code is further divided into titles, chapters, and articles, with each article containing a specific legal rule or principle
- The systematic organization of civil codes makes it easier for lawyers and judges to locate and apply the relevant law to a given case
Comprehensive coverage of law
- Civil codes aim to provide a comprehensive and exhaustive statement of the law, covering all areas of private law
- The codes are designed to be self-contained and self-explanatory, minimizing the need for judges to refer to other sources of law
- By providing a comprehensive and authoritative statement of the law, civil codes promote and predictability
- Examples of comprehensive civil codes include the German Civil Code (BGB), which contains over 2,300 articles, and the French Civil Code, which contains over 2,500 articles
Interpretation and application
- In civil law systems, judges are required to interpret and apply the law as written in the civil codes
- Judges use various methods of interpretation, such as literal, systematic, and teleological interpretation, to determine the meaning and intent of the code provisions
- When faced with a gap or ambiguity in the code, judges may refer to general principles of law, legal doctrine, or persuasive authority from higher courts
- However, judges are not permitted to create new law or deviate from the clear meaning of the code provisions
- The interpretation and application of civil codes is guided by the principle of legal certainty, which requires that the law be clear, predictable, and consistently applied
Judicial system in civil law countries
- The judicial system in civil law countries is characterized by a hierarchical structure, with courts organized into different levels based on their and authority
- The judicial system is designed to ensure the consistent and uniform application of the law, with higher courts having the power to review and overturn the decisions of lower courts
- Judges in civil law systems are typically career civil servants who have received specialized legal training and are appointed based on their qualifications and experience
Hierarchy of courts
- In civil law countries, the court system is typically organized into three main levels: first instance courts, appellate courts, and a supreme court
- First instance courts, also known as trial courts, have original jurisdiction over cases and are responsible for hearing evidence and making initial decisions
- Appellate courts review the decisions of first instance courts and have the power to affirm, reverse, or modify the lower court's decision
- The supreme court, also known as the court of cassation, is the highest court in the judicial hierarchy and is responsible for ensuring the uniform application of the law and resolving conflicts between lower courts
Specialized courts
- In addition to the main , civil law countries may also have that deal with specific areas of law
- Examples of specialized courts include commercial courts, labor courts, administrative courts, and family courts
- Specialized courts are designed to provide expertise and efficiency in handling cases within their jurisdiction
- Judges in specialized courts often have additional training and experience in the relevant area of law
Judicial appointments and training
- In civil law systems, judges are typically appointed based on their qualifications and experience, rather than elected by the public
- Aspiring judges must usually complete a specialized legal education and pass a competitive examination to be eligible for appointment
- Once appointed, judges receive ongoing training and professional development to ensure they maintain their legal knowledge and skills
- Judges are expected to be impartial and independent, and are subject to strict ethical rules and oversight to prevent bias or corruption
- The appointment and training process for judges in civil law systems is designed to ensure a high level of legal expertise and consistency in the application of the law
Impact on legal practice
- The characteristics of civil law systems have a significant impact on legal practice, shaping the way lawyers approach cases and interact with the courts
- The emphasis on written pleadings, the limited role of oral argument, and the use of experts and specialists are all key features of legal practice in civil law jurisdictions
- Understanding these differences is important for lawyers working in civil law systems or dealing with clients and cases from civil law countries
Emphasis on written pleadings
- In civil law systems, there is a strong emphasis on written pleadings and submissions
- Lawyers are required to present their arguments and evidence in written form, through briefs, memoranda, and other documents
- The judge relies primarily on these written submissions to understand the case and make a decision
- As a result, legal writing skills are highly valued in civil law systems, and lawyers must be able to present their arguments clearly and persuasively in writing
Limited role of oral argument
- Compared to common law systems, oral argument plays a more limited role in civil law proceedings
- While there may be oral hearings or trials, they are typically shorter and less formal than in common law systems
- Lawyers may have the opportunity to present oral arguments, but these are usually limited in scope and duration
- The judge is more likely to rely on the written submissions and evidence than on oral arguments in reaching a decision
Use of experts and specialists
- Civil law systems often make use of experts and specialists to assist the court in understanding complex technical or scientific issues
- These experts may be appointed by the court or hired by the parties to provide testimony or reports on specific aspects of the case
- The use of experts is particularly common in cases involving medical malpractice, construction disputes, or intellectual property issues
- Lawyers in civil law systems must be familiar with the rules and procedures for using experts and incorporating their testimony into the case
- The role of experts in civil law proceedings highlights the importance of specialized knowledge and expertise in certain areas of legal practice
Advantages and criticisms
- Civil law systems have both advantages and criticisms, reflecting the strengths and weaknesses of this approach to legal organization and decision-making
- Understanding these advantages and criticisms is important for evaluating the effectiveness and fairness of civil law systems and considering potential reforms or improvements
Predictability and consistency
- One of the main advantages of civil law systems is their emphasis on predictability and consistency in the application of the law
- By relying on comprehensive legal codes and limiting the role of judicial precedent, civil law systems aim to ensure that similar cases are treated similarly and that the law is applied uniformly across the jurisdiction
- This predictability can provide greater legal certainty for individuals and businesses, making it easier to plan and make decisions based on a clear understanding of the law
- The systematic organization of civil codes and the use of specialized courts also contribute to the consistency and efficiency of the legal system
Rigidity and inflexibility
- However, the emphasis on codification and the limited role of judicial precedent in civil law systems can also lead to rigidity and inflexibility in the application of the law
- Judges may be constrained by the strict wording of the code provisions and may have limited ability to adapt the law to new or unforeseen circumstances
- This can result in a lack of flexibility and responsiveness to changing social, economic, or technological conditions
- In some cases, the rigid application of the law may lead to unjust or inequitable outcomes, particularly in cases where the specific facts do not fit neatly within the existing legal framework
Adaptability to changing circumstances
- Another criticism of civil law systems is their potential difficulty in adapting to changing circumstances and evolving social norms
- Because the law is primarily embodied in written codes and statutes, updating and amending the law can be a slow and cumbersome process
- Legislative bodies may be slow to respond to new legal issues or changing social attitudes, leading to a gap between the law and the needs of society
- In contrast, common law systems may be more adaptable, as judges have the ability to interpret and apply the law in light of new circumstances and evolving social norms
- However, civil law systems can also adapt to change through the use of general principles, legal doctrine, and carefully drafted legislation that provides flexibility in interpretation and application
Civil law in a global context
- As the world becomes increasingly interconnected, the role of civil law in a global context is becoming more important
- Civil law systems have had a significant influence on the development of international law and the legal systems of many countries around the world
- Understanding the interaction between civil law and common law systems and the efforts to harmonize legal principles across jurisdictions is crucial for lawyers and businesses operating in a global environment
Influence on international law
- Civil law principles and concepts have had a significant influence on the development of international law
- Many international treaties and conventions, such as the United Nations Convention on Contracts for the International Sale of Goods (CISG), have been heavily influenced by civil law concepts and terminology
- The emphasis on written codes and the systematic organization of legal principles in civil law systems has contributed to the development of a more structured and coherent body of international law
- Civil law jurists have played a key role in the drafting and interpretation of international legal instruments, bringing their expertise and perspective to the global legal community
Interaction with common law systems
- In today's globalized world, civil law and common law systems increasingly interact and influence each other
- Many countries have adopted a mixed legal system that incorporates elements of both civil law and common law, such as Louisiana in the United States and Quebec in Canada
- Lawyers and judges from civil law and common law backgrounds often work together on international cases and disputes, requiring an understanding and appreciation of the differences between the two systems
- The interaction between civil law and common law systems has led to a growing convergence of legal principles and practices, as each system learns from and adapts to the other
Harmonization efforts
- There have been various efforts to harmonize legal principles and practices across different legal systems, particularly in the areas of commercial and
- International organizations, such as the United Nations Commission on International Trade Law (UNCITRAL) and the International Institute for the Unification of Private Law (UNIDROIT), have developed model laws and principles aimed at promoting greater uniformity and predictability in cross-border transactions
- The European Union has also played a significant role in harmonizing the laws of its member states, particularly in the areas of consumer protection, competition law, and intellectual property
- These harmonization efforts seek to reduce legal barriers and promote greater economic integration and cooperation across different legal systems
- However, the process of legal harmonization is complex and ongoing, requiring a balance between the need for uniformity and the desire to preserve the unique characteristics and traditions of each legal system
Key Terms to Review (33)
Access to Justice: Access to justice refers to the ability of individuals to seek and obtain a remedy through legal means in a timely manner, without barriers such as cost, language, or geographic location. Ensuring access to justice is crucial for maintaining the rule of law, protecting rights, and promoting fair treatment within both state and federal court systems.
Civil Codes: Civil codes are comprehensive legal documents that systematically organize and codify the principles and rules governing private law matters, such as contracts, property, family law, and torts. They serve as the primary source of law in civil law systems, where legislation takes precedence over judicial decisions. Civil codes provide clarity and predictability in legal relationships, ensuring that citizens can access and understand their rights and obligations under the law.
Civil law systems: Civil law systems are legal frameworks that rely on written laws and codes, emphasizing comprehensive statutes and regulations as the primary sources of law. These systems contrast with common law traditions, which rely more on judicial decisions and precedents. In civil law systems, the role of judges is to apply the law to specific cases rather than to interpret it, leading to a more structured and codified approach to legal proceedings.
Codification: Codification is the process of compiling and systematizing laws into a formal code or written statute. This practice allows for greater clarity and accessibility of legal norms, making it easier for individuals and legal professionals to understand and apply the law. Codification is particularly prominent in civil law systems, where comprehensive codes govern various areas of law, reflecting a systematic approach to legal regulation.
Common Law vs. Civil Law: Common law and civil law are two fundamental legal systems that govern how laws are created, interpreted, and applied. Common law, primarily found in countries like the United States and England, is based on judicial decisions and precedents set by court rulings, while civil law, prevalent in countries such as France and Germany, is grounded in codified statutes and comprehensive legal codes. These differences significantly influence how legal processes unfold in various jurisdictions.
Contract law: Contract law is the body of law that governs agreements made between two or more parties, ensuring that obligations and promises are enforceable. It provides the framework for creating legally binding agreements, addressing issues such as offer, acceptance, consideration, and breach. This area of law is crucial in both common and civil law systems, with each having its own approach to interpreting and enforcing contracts.
Corpus juris civilis: The corpus juris civilis, or 'body of civil law', is a collection of fundamental works in jurisprudence, compiled under the direction of the Byzantine Emperor Justinian I in the 6th century. This comprehensive legal code served as a foundation for the development of civil law systems in many countries and significantly influenced the legal tradition in Europe, establishing a framework for private law and legal scholarship.
Emphasis on written argument: The emphasis on written argument refers to the focus placed on written legal documents and briefs in civil law systems, where the legal reasoning is articulated through formal writing rather than oral advocacy. This approach highlights the importance of clear, structured, and persuasive writing in presenting cases and legal arguments, shaping how legal practitioners and judges interact with the law. Written submissions are critical in influencing judicial decisions, as they provide the foundational evidence and rationale that courts rely upon during deliberation.
France: France is a country in Western Europe known for its rich history, culture, and influence on legal systems, particularly through its development of civil law. The French legal system has served as a model for many other countries, establishing principles that shape civil law systems globally, making it a crucial reference point in understanding civil law traditions.
French Civil Code: The French Civil Code, also known as the Napoleonic Code, is a comprehensive set of laws that was enacted in 1804 under Napoleon Bonaparte, establishing a legal framework that emphasizes the principles of equality before the law, property rights, and civil liberties. It significantly influenced the development of civil law systems around the world, serving as a model for many legal codes in various countries and shaping the way laws are interpreted and applied in civil law jurisdictions.
German Civil Code (BGB): The German Civil Code, known as the Bürgerliches Gesetzbuch (BGB), is a comprehensive set of laws governing civil rights and obligations in Germany, enacted in 1900. This code provides a structured framework for private law, covering essential areas such as contract law, property law, family law, and inheritance law, making it a cornerstone of the civil law system in Germany and influencing many other legal systems around the world.
Germany: Germany is a country in Central Europe known for its significant influence on civil law systems, which are legal frameworks based primarily on written statutes and codes rather than judicial decisions. The German legal system is foundational in civil law, characterized by its systematic codification of laws, particularly through the German Civil Code (BGB), which serves as a model for many other jurisdictions worldwide. This systematic approach emphasizes the importance of legislative texts in legal interpretation and application.
Hans Kelsen: Hans Kelsen was a prominent legal philosopher known for his contributions to the theory of law, particularly through his development of the Pure Theory of Law. This theory emphasizes a systematic approach to law that separates it from morality and politics, focusing on the structure and function of legal norms. Kelsen's work is foundational in civil law systems, influencing how laws are interpreted and applied in many countries around the world.
Hierarchy of Courts: The hierarchy of courts refers to the structured levels of courts within a judicial system, where higher courts hold authority over lower courts in legal matters. This system allows for appeals and ensures that cases can be reviewed and corrected if errors occur in lower court decisions. It provides a clear framework for legal proceedings, helps maintain consistency in law application, and organizes the distribution of cases based on their complexity and importance.
Inquisitorial system: The inquisitorial system is a legal process commonly used in civil law jurisdictions where the court takes an active role in investigating the facts of a case. In this system, judges play a significant part in gathering evidence, questioning witnesses, and determining the outcome, contrasting with the adversarial system where two opposing parties present their cases. This structure emphasizes a comprehensive examination of the case rather than a battle between opposing lawyers.
Ius civile: Ius civile refers to the body of laws and legal principles that govern the rights and duties of citizens in a civil law system. It is often viewed as the foundation for legal systems that derive from Roman law, providing a structured framework for understanding legal relationships and societal norms. Ius civile is significant in the context of civil law systems as it emphasizes codified laws, clarity in legal codes, and uniformity in applying legal standards across various cases.
Judicial investigation: Judicial investigation refers to the formal process through which a court gathers evidence and establishes the facts of a case before a trial occurs. This process is crucial in civil law systems as it emphasizes the role of the judge in actively seeking evidence, rather than relying solely on the parties to present their cases. The judicial investigation is designed to ensure that all relevant facts are considered, leading to fair and informed judgments.
Juridical review: Juridical review refers to the process by which courts examine and evaluate the legality and constitutionality of legislative acts and governmental actions. This mechanism serves to ensure that laws comply with constitutional provisions and protect individual rights. In various legal systems, this function can be critical in maintaining the rule of law and upholding justice.
Jurisdiction: Jurisdiction refers to the legal authority of a court or legal body to make decisions and judgments over certain types of cases, parties, or geographical areas. This concept is essential as it determines which court has the power to hear a case, ensuring that matters are resolved in the appropriate legal forum based on various factors such as subject matter and location.
Legal Certainty: Legal certainty refers to the principle that laws should be clear, publicized, stable, and applied evenly, ensuring that individuals can understand their rights and obligations. This concept is fundamental in promoting trust in the legal system, as it allows individuals to make informed decisions based on predictable legal outcomes. Legal certainty helps in maintaining order and fairness within society by ensuring that people are aware of the legal standards that govern their conduct.
Limited use of precedent: Limited use of precedent refers to the practice in legal systems, particularly within civil law jurisdictions, where prior judicial decisions are not binding on future cases. Instead, judges may refer to past rulings as persuasive guidance, but they are not required to follow them. This approach contrasts with common law systems, where precedent plays a fundamental role in shaping the legal framework and ensuring consistency in judicial decisions.
Litigation: Litigation refers to the process of taking legal action or resolving disputes through the court system. It involves various stages, including the filing of a lawsuit, pre-trial procedures, trial, and possible appeals. This process is a critical component of civil law systems, where formal legal procedures are established for parties to seek redress or enforcement of rights.
Napoleon Bonaparte: Napoleon Bonaparte was a French military leader and emperor who rose to prominence during the French Revolution and its associated wars. He is best known for establishing a civil law system in France, which significantly influenced the development of civil law systems in many countries around the world, emphasizing codification, legal clarity, and uniformity.
Napoleonic Code: The Napoleonic Code, officially known as the Civil Code of 1804, is a fundamental legal framework that established civil law in France and significantly influenced legal systems worldwide. It sought to unify and simplify the diverse legal codes that existed prior to its implementation, promoting principles such as equality before the law, the protection of property rights, and secularism in legal matters. This code laid the groundwork for modern civil law systems and has had a lasting impact on numerous countries' legal frameworks.
Plea bargaining: Plea bargaining is a legal process where a defendant agrees to plead guilty to a lesser charge or to receive a reduced sentence in exchange for waiving the right to trial. This practice is common in the criminal justice system as it helps alleviate court congestion and provides a more efficient resolution to cases, while also ensuring defendants can secure potentially more favorable outcomes.
Role of judges: The role of judges refers to the responsibilities and functions that judges perform within a legal system, particularly in interpreting laws, ensuring justice, and making decisions in court cases. In civil law systems, judges are not just arbiters of disputes but also play a key role in investigating cases, gathering evidence, and applying codified laws to reach verdicts. This contrasts with common law systems, where judges often have more limited roles focused on interpreting precedents.
Roman Law: Roman law is the legal system that originated in ancient Rome and is the foundation for many modern legal systems, especially in civil law jurisdictions. It encompasses a wide range of legal principles, including private law, public law, and legal procedures, which evolved over centuries from the Twelve Tables to the Corpus Juris Civilis. Its influence can be seen today in various aspects of legal codes and practices around the world.
Specialized courts: Specialized courts are judicial bodies designed to handle specific types of cases or legal issues, allowing for a more efficient and informed adjudication process. These courts typically focus on particular areas such as family law, drug offenses, or juvenile matters, enabling judges to develop expertise in those fields. By concentrating on specific subject matter, specialized courts aim to provide tailored solutions and improve outcomes for the individuals involved in the legal system.
Swiss Civil Code: The Swiss Civil Code is a comprehensive legal framework enacted in 1907 that governs private law in Switzerland, covering areas such as property, contracts, family law, and inheritance. It serves as a central component of the Swiss legal system, reflecting principles of civil law systems and providing clear guidelines for legal relationships among individuals.
The Institutes of Gaius: The Institutes of Gaius is an ancient legal text written by the Roman jurist Gaius in the 2nd century AD. It serves as one of the foundational works of Roman law, outlining the principles and structures that would influence later legal systems, particularly civil law systems. This text played a critical role in the development of legal education and was used as a primary reference for students studying law in ancient Rome.
The Theodosian Code: The Theodosian Code is a compilation of laws created under the direction of Emperor Theodosius II in the early 5th century, designed to consolidate and organize existing Roman laws. This code played a significant role in shaping the legal landscape of the late Roman Empire, especially regarding civil law systems, as it provided a comprehensive legal framework that influenced later legal traditions.
The Twelve Tables: The Twelve Tables were the first written code of laws for ancient Rome, established in the mid-5th century BCE. They served as a foundation for Roman law and were significant in ensuring that laws were publicly accessible, thereby promoting legal transparency and equality among citizens. These tables helped shape the development of civil law systems by laying the groundwork for the codification of laws.
Tort: A tort is a civil wrong that causes harm or loss to another person, leading to legal liability for the person who commits the tortious act. Unlike criminal offenses, which are prosecuted by the state, torts are typically pursued through civil litigation, where the injured party seeks compensation for damages. The concept of tort law is fundamental in civil law systems, which emphasize the protection of individuals' rights and the provision of remedies for those harmed by the actions of others.