Journal of Law, Poliitic and Humanities
Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)

Comparison of Civil Law and Common Law Legal Systems in the Application of Jurisprudence

Samudera Erlangga, Afga (Unknown)
Poespasari, Ellyne Dwi (Unknown)



Article Info

Publish Date
23 Sep 2024

Abstract

Civil law system (Continental European legal system) and Common law system (Anglo-Saxon legal system). Civil law system is a different legal system. The civil law system has a legal source that comes from the codification of written law or legislation, therefore judges are not bound by the principle of precedent or the doctrine of stare decicis, so that the law becomes the main legal reference, while the common law system has a history. The United Kingdom which makes court decisions as its legal basis when there is a case decided by a judge, the Judge's Decision is not only binding on the litigants but applies generally to similar cases. The common law system adheres to the principle of precedent or the doctrine of stare decicis (the obligation of judges to follow previous decisions in similar cases). In connection with the comparison of legal systems in Indonesia and in other countries in the application of Jurisprudence, there are two problem formulations, namely First, Comparison of law between civil law system and common law system. Second, the position of jurisprudence in the civil law system and the common law system.

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Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...