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{{Short description|System for interpreting and enforcing the laws}}
{{Use dmy dates|date=October 2020}}
[[File:Legal Systems - Global.svg|thumb|Legal systems of the world]]
The contemporary '''national legal systems''' are generally based on one of four major [[legal tradition]]s: [[civil law (legal system)|civil law]], [[common law]], [[customary law]], [[religious law]] or combinations of these. However, the [[legal system]] of each country is shaped by its unique history and so incorporates individual variations.<ref>{{Cite web|url=http://saint-claire.org/wp-content/uploads/2016/01/Legal-Systems-of-the-World.pdf|title=Legal Systems of the World|publisher=Saint: Security Sector Development|access-date=31 May 2017|archive-date=25 March 2020|archive-url=https://web.archive.org/web/20200325120143/http://saint-claire.org/wp-content/uploads/2016/01/Legal-Systems-of-the-World.pdf|url-status=dead}}</ref> The science that studies law at the level of legal systems is called [[comparative law]].
Both ''civil'' (also known as ''Roman'') and ''common'' law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system.<ref>{{cite book|last=Wood|first=Phillip|title=''Principles of International Insolvency''|url=https://books.google.com/books?id=f_yWaV_-_l4C&q=maps+of+world+financial+law+common+law&pg=PT454|date=2007|publisher=Sweet & Maxwell|isbn=9781847032102|access-date=30 August 2015}}</ref><ref>{{cite book|last=Wood|first=Phillip|title=''Maps of World Financial Law:Law and practice of international finance series''|url=https://books.google.com/books?id=Z5vKGAAACAAJ|date=2008|publisher=Sweet & Maxwell|isbn=9781847033420|access-date=30 August 2015}}</ref><ref>{{cite web|title=''English Common Law is the most widespread legal system in the world''|url=https://www.sweetandmaxwell.co.uk/about-us/press-releases/061108.pdf|date=November 2008|publisher=Sweet & Maxwell|access-date=30 August 2015}}</ref>
==Civil law==
[[File:Mosaic of Justinianus I - Basilica San Vitale (Ravenna).jpg|thumb|Emperor [[Justinian I]], author of what became the foundational texts of the civil law tradition.]]
The source of law that is recognized as authoritative is [[Codification (law)|codifications]] in a constitution or [[statute]] passed by [[legislature]], to amend a code.
While the concept of codification dates back to the [[Code of Hammurabi]] in [[Babylon]] ca. 1790 BC, civil law systems derive from the [[Roman Empire]] and, more particularly, the ''[[Corpus Juris Civilis]]'' issued by the Emperor [[Justinian]] ca. AD 529. This was an extensive reform of the law in the [[Byzantine Empire]], bringing it together into codified documents. Civil law was also partly influenced by [[religious law]]s such as [[Canon law]] and [[Sharia|Islamic law]].<ref name=Badr>{{citation|title=Islamic Law: Its Relation to Other Legal Systems|first=Gamal Moursi|last=Badr|journal=The American Journal of Comparative Law|volume=26|issue=2 [Proceedings of an International Conference on Comparative Law, Salt Lake City, Utah, February 24–25, 1977]|date=Spring 1978|pages=187–198 [196–8]|doi=10.2307/839667|jstor=839667}}</ref><ref name=J-Makdisi /> Civil law today, in theory, is interpreted rather than developed or made by judges. Only [[legislature|legislative]] enactments (rather than legal [[precedent]]s, as in common law) are considered legally binding.
Scholars of [[comparative law]] and economists promoting the [[legal origins theory]] usually subdivide civil law into distinct groups:
* '''[[Napoleonic Code|French civil law]]''': in France, the [[Benelux]] countries, Italy, Romania, Spain and former colonies of those countries, mainly in Latin America, Africa and the Middle East;
* '''[[Law of Germany#Civil law|German civil law]]''': in Germany, Austria, Russia, Switzerland, Estonia, Latvia, Bosnia and Herzegovina, Croatia, Kosovo*, North Macedonia, Montenegro, Slovenia, Serbia, Greece, [[Portugal]] and [[Portuguese Empire|its former colonies]], Turkey, and East Asian countries including Japan, South Korea, and Taiwan (Republic of China);
* '''[[Scandinavian law|Scandinavian civil law]]''': in [[Northern Europe]] such as Denmark, Norway, Finland, Iceland and Sweden. As historically integrated into the Scandinavian cultural sphere, Finland and Iceland also inherited the system, although especially Iceland [[Law of Iceland#History|has its own]] legal roots. Scandinavian or '''Nordic''' civil law exhibit least similar traits with other civil law systems and is sometimes considered a legal system in its own right, despite reception from mainly German civil law.
However, some of these legal systems are often and more correctly said to be of hybrid nature:
*'''Napoleonic to Germanistic influence ([[Italian law|Italian civil law]]) '''
The [[Italy|Italian]] civil code of 1942 replaced the original one of 1865, introducing germanistic elements due to the geopolitical alliances of the time.<ref>{{cite web|url = http://www.teoriaestoriadeldirittoprivato.com/index.php?com=statics&option=index&cID=132 |title = Towards a Civil Code: The Italian Experience|last = Triggiano|first = Annalisa|website = Teoria e Storia del Diritto Privato}}</ref> The Italian approach has been imitated by other countries including [[Portugal]] (1966), the [[Netherlands]] (1992), [[Lithuania]] (2000), [[Brazil]] (2002) and [[Argentina]] (2014). Most of them have innovations introduced by the Italian legislation, including the unification of the [[civil code|civil]] and [[Commercial code (law)|commercial code]]s.<ref>{{cite journal|url = http://scholarship.law.duke.edu/lcp/vol16/iss2/8/ |title = On the Legal Method of the Uniform Commercial Code|journal = Law and Contemporary Problems|volume = 16|number = 2|first= Mitchell|last= Franklin|date = Spring 1951|pages = 330–343|doi = 10.2307/1190098|jstor = 1190098|url-access = subscription}}</ref>
*'''Germanistic to Napoleonic influence ([[Swiss law|Swiss civil law]])'''
The [[Swiss civil code]] is considered mainly influenced by the German civil code and partly influenced by the French civil code. The civil code of the [[Republic of Turkey]] is a slightly modified version of the Swiss code, adopted in 1926 during [[Mustafa Kemal Atatürk]]'s presidency as part of the government's progressive reforms and secularization.
A comprehensive list of countries that base their legal system on a [[Codification (law)|codified]] civil law follows:
{| class="wikitable sortable" style="width:100%;"
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! style="width:130px;" |Country
! Description
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|Based on Napoleonic civil law.<ref>[http://unpan1.un.org/intradoc/groups/public/documents/UNTC/UNPAN014893.pdf The Civil Code of the Republic of Albania, 1991] {{Webarchive|url=https://web.archive.org/web/20160122163847/http://unpan1.un.org/intradoc/groups/public/documents/UNTC/UNPAN014893.pdf |date=22 January 2016 }}</ref>
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The
In Argentina, this 1871 Civil Code remained in force until August 2015, when it was replaced by the new ''Código Civil y Comercial de la Nación''.<ref>{{cite web|url=http://www.infoleg.gob.ar/infolegInternet/anexos/235000-239999/235975/norma.htm |title=Ministerio de Economía y Finanzas Públicas – Argentina |publisher=InfoLEG |access-date=2017-01-19}}</ref><ref>{{cite web |url=http://jornadaonline.com/Pol%C3%ADtica/139234-Comienza-a-regir-el-nuevo-C%C3%B3digo-Civil-y-Comercial |title=Comienza a regir el nuevo Código Civil y Comercial |publisher=Jornadaonline.com |access-date=2017-01-19 |archive-date=23 June 2016 |archive-url=https://web.archive.org/web/20160623044951/http://jornadaonline.com/Pol%C3%ADtica/139234-Comienza-a-regir-el-nuevo-C%C3%B3digo-Civil-y-Comercial |url-status=dead }}</ref>
During the second half of the 20th century, the [[German law|German]] legal theory became increasingly influential in Argentina.
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|Courts apply the customary laws of Andorra, supplemented with Roman law and customary Catalan law.<ref>[https://2009-2017.state.gov/r/pa/ei/bgn/3164.htm Andorra (11/07)]</ref>
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| Based on
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|Based on Dutch civil law
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|Based on Roman and Germanic Civil law. The [[Allgemeines bürgerliches Gesetzbuch]] (ABGB) of 1811. The ABGB is influenced both by Roman and Austrian law traditions. Comparable to the Napoleonic code, it is based on the ideals of freedom and equality before the law.
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|Based on German, French, Russian, and traditional Azerbaijani Law
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|Based on Germanic Civil law ([[Administrative Code of Belarus|administrative]], [[Criminal Code of Belarus|criminal]] codes)
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|The [[Napoleonic Code]] is still in use, although it is heavily modified (especially concerning family law)
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|Based on Napoleonic Civil law.
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|Influenced by the [[Napoleonic Code]]
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|Influenced by [[Law of Austria|Austrian law]]. The Swiss civil law ([[Zivilgesetzbuch]]) was a model for the Law on Obligations of 1978.
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|Based on German, Italian, French and Portuguese law. However, in 2004 the [[Constitution of Brazil|Federal Constitution]] was amended to grant the [[Supreme Federal Court]] authority to issue binding precedents (''súmulas vinculantes'') to settle controversies involving constitutional law – a mechanism that echoes the ''stare decisis'' principle typically found in common law systems.
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|Civil Law system influenced by Germanic and Roman law systems
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| Based on the French civil law
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|{{flagicon|Chad}} [[Laws of Chad|Chad]]
|Based on the French civil law
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|{{flagicon|China}} [[Law of the People's Republic of China|People's Republic of China]]
|Based on Germanic Civil law and France Civil law, also with influences from the [[Socialist law|Soviet Socialist law]] from [[Soviet Union]]
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|{{flagicon|Republic of the Congo}} [[Laws of Republic of the Congo|Republic of the Congo]]
|Based on the Napoleonic Civil law.
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|{{flagicon|Democratic Republic of the Congo}} [[Laws of the Democratic Republic of the Congo|Democratic Republic of the Congo]]
|Based on Belgian civil law
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|{{flagicon|Cambodia}} [[Law of Cambodia|Cambodia]]
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|Based on Portuguese civil law
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|{{flagicon|Central African Republic}} [[Law of Central African Republic|Central African Republic]]
| Based on the French civil law system
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|{{flagicon|Chile}} [[Law of Chile|Chile]]
|The Chilean Civil Code, based on the Napoleonic Civil Law, was also heavily influenced by the Spanish legal tradition. On its turn, the Chilean civil code influenced to a large degree the drafting of the civil codes of other [[Latin-American]] states. For instance, the codes of Ecuador (1861) and Colombia (1873) constituted faithful reproductions of the Chilean code, but for very few exceptions. The compiler of the [[Civil Code of Chile]], Venezuelan [[Andrés Bello]], worked for its completion for almost 30 years, using elements, of the Spanish law on the one hand, and of other [[Western law]]s, especially of the French one, on the other. It is noted that he consulted and used all of the codes that had been issued till then, starting from the era of [[Justinian]].
The Civil Code came into effect on 1 January
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|Based on the Chilean Civil Law. Civil code introduced in 1873. Nearly faithful reproduction of the [[Civil Code (Chile)|Chilean
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|Based on the Napoleonic Civil Law. First Civil Code (a part of the General Code or [[Braulio Carrillo Colina|Carrillo]] Code) came into effect in 1841; its text was inspired by the South Peruvian Civil Code of Marshal [[Andres de Santa Cruz]]. The present Civil Code went into effect 1 January 1888 and was influenced by the [[Napoleonic Code]] and the Spanish Civil Code of 1889 (from its 1851 draft version).
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|Based on the Germanic Civil Law. The Croatian Law system is largely influenced by German and Austrian law systems. It is significantly influenced by the [[Allgemeines bürgerliches Gesetzbuch|Civil Code of the Austrian Empire]] from 1811, known in Croatia as ''"General Civil Law"'' ''("Opći građanski zakon")''. OGZ was in force from 1853<ref>{{cite web|url=http://www.encyclopedia.hr/natuknica.aspx?ID=45220 |title=Opći građanski zakonik | Hrvatska enciklopedija |publisher=Enciklopedija.hr |access-date=2017-01-19}}</ref> to 1946. After the [[World War II]], Croatia becomes a member of the [[the Socialist Federal Republic of Yugoslavia|Yugoslav Federation]] which enacted in 1946 the ''"Law on immediate voiding of regulations passed before April 6, 1941, and during the enemy occupation"'' ''("Zakon o nevaženju pravnih proposal donesenih prije 6. travnja 1941. i za vrijeme neprijateljske okupacije")''. By this law, OGZ was declared invalid as a whole, but the implementation of some of its legal rules was approved. During the post-War era, the Croatian legal system become influenced by elements of the [[socialist law]]. Croatian civil law was pushed aside, and it took norms of public law and legal regulation of the [[Socialization (economics)|social ownership]]. After Croatia declared independence from Yugoslavia on 25 June 1991, the previous legal system was used as a base for writing new laws. ''"The Law on Obligations"'' ''("Zakon o obveznim odnosima")'' was enacted in 2005.<ref>Croatian legal history in the European context, Dalibor Čepulo, p. 357</ref> Today, Croatia as a [[European Union]] member state implements elements of the [[Acquis communautaire|EU acquis]] into its legal system.
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|Influenced by Spanish and American law with large elements of [[Communist legal theory]].
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|Based on Dutch Civil Law.
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|Based on Germanic civil law. Descended from the [[Allgemeines bürgerliches Gesetzbuch|Civil Code of the Austrian Empire]] (1811), influenced by German (1939–45) and Soviet (1947/68–89) legal codes during occupation periods, substantially reformed to remove Soviet influence and elements of [[socialist law]] after the [[Velvet Revolution]] (1989). The new Civil Code of the Czech Republic was introduced in 2014, reestablishing the norms of the ABGB, an reintroducing terms and concepts from it.
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|Based on [[North Germanic law]]. Scandinavian-North Germanic civil law.
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|Based on the [[Napoleonic Code]]
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|Based on the Chilean civil law. Civil code introduced in 1861.
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|Based on law.
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|Based on German civil law.
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|{{flagicon|Finland}} [[Law of Finland|Finland]]
|Based on Nordic law.<ref name="cia.gov">[https://web.archive.org/web/20070613003025/https://www.cia.gov/library/publications/the-world-factbook/fields/2100.html The World Factbook]</ref>
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|{{flagicon|France}} [[French law|France]]
|Based on [[Napoleonic code]] (''code civil'' of 1804)
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| Based on the French civil law system
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|Based on French civil law system, customary law, and decree<ref name="cia.gov" />
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|Based on Portuguese civil law
|-
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|Based on Napoleonic civil law
|-
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|Based on Germanic civil law. The [[Bürgerliches Gesetzbuch]] of 1900 ("BGB"). The BGB is influenced both by Roman and German law traditions.
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|{{flagicon|Greece}} [[Law of Greece|Greece]]
|Based on Germanic civil law. The Greek [[civil code]] of 1946, highly influenced by traditional Roman law and the German civil code of 1900 ([[Bürgerliches Gesetzbuch]]); the Greek civil code replaced the [[Byzantine law|Byzantine–Roman civil law]] in effect in Greece since its independence (Νομική Διάταξη της Ανατολικής Χέρσου Ελλάδος, Legal Provision of Eastern Mainland Greece, November 1821: 'Οι Κοινωνικοί Νόμοι των Αειμνήστων Χριστιανών Αυτοκρατόρων της Ελλάδος μόνοι ισχύουσι κατά το παρόν εις την Ανατολικήν Χέρσον Ελλάδα', 'The Social [i.e. Civil] Laws of the Dear Departed Christian Emperors of Greece [referring to the Byzantine Emperors] alone are in effect at present in Eastern Mainland Greece')
|-
|{{flagicon|Guatemala}} [[Law of Guatemala|Guatemala]]
|Based on Napoleonic civil law. Guatemala has had three Civil Codes: the first one from 1877, a new one introduced in 1933, and the one currently in force, which was passed in 1963. This Civil Code has suffered some reforms throughout the years, as well as a few derogations relating to areas that have subsequently been regulated by newer laws, such as the Code of Commerce and the Law of the National Registry of Persons. In general, it follows the tradition of the Roman-French system of civil codification.
Regarding the theory of 'sources of law' in the Guatemalan legal system, the 'Ley del Organismo Judicial' recognizes 'the law' as the main legal source (in the sense of legislative texts), although it also establishes 'jurisprudence' as a complementary source. Although jurisprudence technically refers to judicial decisions in general, in practice it tends to be confused and identified with the concept of 'legal doctrine', which is a qualified series of identical resolutions in similar cases pronounced by higher courts (the Constitutional Court acting as a 'Tribunal de [[Amparo (law)|Amparo]]', and the Supreme Court acting as a 'Tribunal de Casación') whose theses become binding for lower courts.
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|Based on Napoleonic civil law.
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|{{flagicon|Honduras}} [[Law of Honduras|Honduras]]
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|Based on [[North Germanic law]]. Germanic traditional laws and influenced by Medieval Norwegian and Danish laws.
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|Based on Portuguese civil law ([[Goa]], and [[Dadra and Nagar Haveli and Daman and Diu]]), and French civil law ([[Puducherry (union territory)|Puducherry]]).<ref name=p>{{Cite journal |last=Jain |first=Subhash C. |date=1970 |title=French Legal System in Pondicherry: An Introduction |url=https://www.jstor.org/stable/43950094 |journal=Journal of the Indian Law Institute |volume=12 |issue=4 |pages=573–608 |jstor=43950094 |issn=0019-5731}}</ref> [[History of Indian law|Vedic Hindu legal traditions]] also influenced the legal system in India.<ref name=in1>{{Cite web |last=Ritisha |first=Sinha |date=2023-12-13 |title=India government introduces revised criminal law amendment bills with minor changes |url=https://www.jurist.org/news/2023/12/india-government-introduces-revised-criminal-law-amendment-bills-with-minor-changes/ |access-date=2024-03-31 |website=Jurist |language=en-US}}</ref><ref name=in2>{{Cite news |last=Bhaumik |first=Aaratrika |date=2023-12-18 |title=Revised criminal law bills: The key changes {{!}} Explained |url=https://www.thehindu.com/news/national/revised-criminal-law-bills-the-key-changes-explained/article67637348.ece |access-date=2024-03-31 |work=The Hindu |language=en-IN |issn=0971-751X}}</ref>
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|Based on [[Napoleonic Code|Napoleonic code]] and older ones with German law influence; civil code of 1942 replaced the original one of 1865.
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|Based on French civil law system
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|Based on Germanic civil law. Japanese civil code of 1895.
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|Based on Napoleonic and German civil law, as it was historically before the Soviet occupation. While general principles of law are prerequisites in making and interpreting the law, case law is also regularly applied to present legal arguments in courts and explain the application of law in similar cases. Civil law largely modeled after the Napoleonic code mixed with strong elements of German civil law. Criminal law retains Russian and German legal traditions, while criminal procedure law has been fully modeled after practice accepted in Western Europe. The civil law of Latvia enacted in 1937.
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|Based on Napoleonic civil law.
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|Modeled after Dutch civil law
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|Law in the state of Louisiana is based on French and Spanish civil law.
Federal courts and 49 states use the legal system based on English common law (see below), which has diverged somewhat since the mid-nineteenth century in that they look to each other's cases for guidance on issues of the first impression and rarely look at contemporary cases on the same issue in the UK or the Commonwealth.
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|Based on Napoleonic civil law.
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|Principally based on Portuguese civil law, also influenced by PRC law.<ref name=l>{{cite journal |last1=Ignazio |first1=Castellucci |title=Legal Hybridity in Hong Kong and Macau |journal=McGill Law Journal |date=2012 |volume=57 |issue=4 |pages=665–720 |doi=10.7202/1013028ar |url=https://www.erudit.org/fr/revues/mlj/2012-v57-n4-mlj0351/1013028ar.pdf}}</ref>
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|Based on Napoleonic civil law."The origins of Mexico's legal system are both ancient and classical, based on the Roman and French legal systems, and the Mexican system shares more in common with other legal systems throughout the world (especially those in Latin America and most of continental Europe) ..."<ref>{{Cite web |url=http://www.mexonline.com/lawreview.htm |title=Jaime B. Berger Stender Attorney at Law author, Tijuana, B.C., Mexico |access-date=23 February 2007 |archive-url=https://web.archive.org/web/20050404100250/http://www.mexonline.com/lawreview.htm |archive-date=4 April 2005 |url-status=dead }}</ref>
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|Based on Germanic civil law.
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|Based on Napoleonic and German civil law. First: the General Property Code for the [[Principality of Montenegro]] of 1888, written by [[Valtazar Bogišić]]. Present: the Law on Obligations of 2008.
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|Based on Portuguese civil law
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|Based on [[Napoleonic Code|Napoleonic code with German law influence]]
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|Based on [[National Code of Nepal|Civil Code]], however, the principle of ''[[stare decisis]]'' is widely practised. The legal system of Nepal has been influenced by [[british common law|British Legal System]]
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|Scandinavian-North Germanic civil law, based on [[North Germanic law]]. King [[Magnus VI of Norway|Magnus VI the Lawmender]] unified the regional laws into a single code of law for the whole kingdom in 1274. This was replaced by [[Christian V of Denmark|Christian V]]'s ''Norwegian Code'' of 1687.
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|The Paraguayan Civil Code in force since 1987 is largely influenced by the Napoleonic Code and the Argentine Code
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|{{flagicon|Peru}} [[Law of Peru|Peru]]
|Based on civil law system. accepts compulsory International Court of Justice ICJ jurisdiction with despotic and corrupting reservations.
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|{{flagicon|Poland}} [[Polish law|Poland]]
|The Polish Civil Code in force since 1965
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|{{flagicon|Portugal}} [[Portuguese law|Portugal]]
|Influenced by the [[Napoleonic Code]] and later by the German civil law
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|{{flagicon|Romania}} [[Romanian law|Romania]]
|[[Civil Code of Romania|Civil Code]] came into force in 2011. Based on the Civil Code of Quebec, but also influenced by the Napoleonic Code and other French-inspired codes (such as those of Italy, Spain and Switzerland)<ref>{{cite book |title=Drept civil. Drepturile reale Principale |publisher=C.H. Beck |author=Valeriu Stoica |year=2009 |___location=Bucharest |pages=XIII}}</ref>
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|{{flagicon|Russia}} [[Law of Russia|Russia]]
|Civil Law system descendant from [[Roman Law]] through [[Byzantine]] tradition. Heavily influenced by German and Dutch norms in the 1700s. Socialism-style modifications from 1920s on, and Continental European Civil Law influences since the 1990s.<ref>Maggs, Peter B., Olga Schwartz, and William Burnham. Law and legal system of the Russian Federation. Juris Publishing, Inc., 2015. https://books.google.com/books?id=J0jwCQAAQBAJ&dq=russian+legal+system&pg=PR21</ref><ref>Butler, William E. "Russian law." Elgar Encyclopedia of Comparative Law, Second Edition. Edward Elgar Publishing, 2012. 777–788. https://www.elgaronline.com/display/edcoll/9781849804158/9781849804158.00066.xml</ref>
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|{{flagicon|Rwanda}} Rwanda
|Mixture of Belgian civil law and English common law
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|{{flagicon|São Tomé and Príncipe}} [[Law of São Tomé e Príncipe|São Tomé e Príncipe]]
|Based on Portuguese civil law
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|{{flagicon|Serbia}} [[Law of Serbia|Serbia]]
|First: the [[Serbian civil law|Civil Code]] of [[Principality of Serbia]] of 1844, written by Jovan Hadžić, was influenced by the Austrian Civil Code ([[Allgemeines bürgerliches Gesetzbuch]]). Present: The Swiss civil law ([[Zivilgesetzbuch]]) was a model for the Law on Obligations of 1978.
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|{{flagicon|Slovakia}} [[Law of Slovakia|Slovakia]]
|Descended from the [[Allgemeines bürgerliches Gesetzbuch|Civil Code of the Austrian Empire]] (1811), influenced by German (1939–45) and Soviet (1947/68–89) legal codes during occupation periods, substantially reformed to remove Soviet influence and elements of [[socialist law]] after the [[Velvet Revolution]] (1989).
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|{{flagicon|Slovenia}} [[Law of Slovenia|Slovenia]]
|A Civil Law system influenced mostly by Germanic and Austro-Hungarian law systems
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|{{flagicon|South Korea}} [[Law of South Korea|South Korea]]
|Based on the German civil law system. Also largely influenced by Japanese civil law which itself modeled after the German one. [[Civil Code of the Republic of Korea|Korean Civil Code]] was introduced 1958 and fully enacted by 1960.
|-
|{{flagicon|Spain}} [[Law of Spain|Spain]]
|Influenced by the [[Napoleonic Code]], it also has some elements of Spain's legal tradition, starting with the [[Siete Partidas]], major legislative achievement from the Middle Ages. That body of law remained more or less unchanged until the 19th century when the first civil codes were drafted, merging both the Napoleonic style with the Castilian traditions. {{flagicon|Catalonia}} [[Catalonia]], {{flagicon|Balearic Islands}} [[Balearics]], {{flagicon|Aragon}} [[Aragon]], {{flagicon|Navarre}} [[Navarre]], the {{flagicon|Basque Country}} [[Basque Country (autonomous community)|Basque Country]] and {{flagicon|Galicia}} [[Galicia (Spain)|Galicia]] still have its own civil law (the so-called [[Fuero|foral law]]) which predates and survived the Spanish process of uniformisation, in the [[Catalans|Catalan]] case, its civil law is currently fully codificated in the form of the [[Civil Code of Catalonia]].
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|{{flagicon|Suriname}} [[Suriname]]
|Based on Dutch civil law
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|{{flagicon|Sweden}} [[Law of Sweden|Sweden]]
|Scandinavian-North Germanic civil law. Like all Scandinavian legal systems, it is distinguished by its traditional character and for the fact that it did not adopt elements of Roman law. It assimilated very few elements of foreign laws whatsoever. The Napoleonic Code had no influence in the codification of law in Scandinavia. The historical basis of the law of Sweden, just as for all Nordic countries, is [[North Germanic law]]. Codification of the law started in Sweden during the 18th century, preceding the codifications of most other European countries. However, neither Sweden nor any other Nordic state created a civil code of the kind of the ''Code Civil'' or the BGB.
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|{{flagicon|Switzerland}} [[Law of Switzerland|Switzerland]]
|The [[Swiss Civil Code]] of 1908 and 1912 (obligations; fifth book)
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|{{flagicon|Syria}} [[Syrian law|Syria]]
|Based on Napoleonic civil law.
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|{{flagicon|Taiwan}} [[Law of the Republic of China|Taiwan]] (Republic of China)
|Influenced by German [[Bürgerliches Gesetzbuch|Civil Code]] and Japanese [[Six Codes]]. Enacted in 1931.
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|{{flagicon|Timor-Leste}} [[Law of Timor-Leste|Timor-Leste]]
|Based on Portuguese civil law
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|{{flagicon|Turkey}} [[Law of Turkey|Turkey]]
|Modeled after the Swiss civil law ([[Zivilgesetzbuch]]) of 1907.
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|{{flagicon|Ukraine}} [[Law of Ukraine|Ukraine]]
|Based on German civil law and was accepted in 2004.
|-
|{{flagicon|Uruguay}} [[Law of Uruguay|Uruguay]]
|The basis for its [[public law]] is the [[Constitution of Uruguay of 1967|1967 Constitution]], amended in 1989, 1994, [[Constitution of Uruguay of 1997|1996]], and 2004. There is a clear separation of functions between the three administrative powers.<ref>[http://www.rau.edu.uy/uruguay/const97-1.6.htm Constitution of Uruguay] {{in lang|es}}</ref> Private relationships are governed by the [[Uruguayan Civil Code]].<ref>[http://www.parlamento.gub.uy/htmlstat/pl/codigos/CodigoCivil/2002/cod_civil-indice.htm Uruguayan Civil Code] {{webarchive|url=https://web.archive.org/web/20131213041621/http://www.parlamento.gub.uy/htmlstat/pl/codigos/CodigoCivil/2002/cod_civil-indice.htm |date=2013-12-13 }} {{in lang|es}}</ref>
|-
|{{flagicon|Uzbekistan}} [[Law of Uzbekistan|Uzbekistan]]
|Represents an evolution of [[Soviet Union|Soviet]] civil law. The overwhelmingly strong impact of the Communist legal theory is traceable.
|-
|{{flagicon|Vietnam}} [[Legal system in Vietnam|Vietnam]]
|Based on [[Communism|Communist legal theory]], influenced by [[French civil law]].
|-
|{{flagicon|Venezuela}} [[Law of Venezuela|Venezuela]]
|Based on Napoleonic civil law. Spanish legal traditions also influenced the civil law system in Venezuela.<ref>{{cite web |title=Venezuela: Legal tradition |url=https://www.icj.org/cijlcountryprofiles/venezuela/venezuela-introduction/venezuela-legal-tradition/ |publisher=International Commission of Jurists |access-date=2021-11-19}}</ref>
|}
==Common law==
{{
[[File:King John signing the Great Charter (Magna Carta) by English School.png|thumb|King John of England signs [[Magna Carta]].]]
Common law and [[Equity (law)|equity]] are systems of law whose sources are the decisions in cases by judges. In addition, every system will have a legislature that passes new laws and statutes. The relationships between statutes and judicial decisions can be complex. In some jurisdictions, such statutes may overrule judicial decisions or codify the topic covered by several contradictory or ambiguous decisions. In some jurisdictions, judicial decisions may decide whether the jurisdiction's constitution allowed a particular statute or statutory provision to be made or what meaning is contained within the statutory provisions. The common law developed in England, influenced by [[Anglo-Saxons|Anglo-Saxon]] law and to a much lesser extent by the [[Norman conquest of England]], which introduced legal concepts from [[Norman law]], which, in turn, had its origins in [[Salic law]]. Common law was later inherited by the [[Commonwealth of Nations]], and almost every former colony of the [[British Empire]] has adopted it ([[Malta]] being an exception). The doctrine of ''stare decisis'', also known as ''case law'' or ''[[precedent]] by courts'', is the major difference to codified civil law systems.
Common law is practiced in [[Law of Canada|Canada]] (excluding [[Quebec law|Quebec]]), [[Law of Australia|Australia]], [[Law of New Zealand|New Zealand]], most of the [[Law of the United Kingdom|United Kingdom]] ([[English law|England, Wales]], and [[Northern Ireland law|Northern Ireland]]), [[Law of South Africa|South Africa]], [[Law of the Republic of Ireland|Ireland]], [[Law of India|India]] (excluding [[Goa civil code|Goa]] and Puducherry),<ref>{{Cite journal |last=Manooja |first=D. C. |date=2000 |title=Uniform Civil Code: A Suggestion |url=https://www.jstor.org/stable/43953824 |journal=Journal of the Indian Law Institute |volume=42 |issue=2/4 |pages=448–457 |jstor=43953824 |issn=0019-5731}}</ref> [[Law of Pakistan|Pakistan]], [[Law of Hong Kong|Hong Kong]], the [[Law of the United States|United States]] (on state and territorial levels excluding [[Law of Louisiana|Louisiana]] and [[Law of Puerto Rico|Puerto Rico]]), [[Law of Bangladesh|Bangladesh]], and many other places. Several others have adapted the common law system into a mixed system; For example, Nigeria operates largely on a common law system in the southern states and at the federal level, but also incorporates religious law in the northern states.
In the [[European Union]], the [[European Court of Justice|Court of Justice]] takes an approach mixing civil law (based on the treaties) with an attachment to the importance of case law. One of the most fundamental documents to shape common law is the English [[Magna Carta]],<ref>{{cite web|title=Magna Carta|url=http://www.fordham.edu/halsall/source/magnacarta.html|access-date=10 November 2006}}</ref> which placed limits on the power of the English Kings. It served as a kind of medieval bill of rights for the aristocracy and the judiciary who developed the law.
{| class="wikitable sortable" style="width:100%;"
|+
|-
! style="width:175px;"|Country
! Description
|-
| {{flagicon|
|
|-
| {{flagicon|Antigua and Barbuda}} [[Laws of Antigua and Barbuda|Antigua and Barbuda]]
| Based on English common law.
|-
| {{flagicon|Australia}} [[Law of Australia|Australia]]
|
|-
| {{flagicon|Bahamas}} [[Law of the Bahamas|Bahamas]]
|
|-
| {{flagicon|Bangladesh}} [[Law of Bangladesh|Bangladesh]]
| Based on English common law, with the Muslim family law heavily based on Islamic law (Sharia).
|-
| {{flagicon|Barbados}} [[Law of Barbados|Barbados]]
|
|-
| {{flagicon|Belize}} [[
|
|-
| {{flagicon|Bhutan}} [[Law of Bhutan|Bhutan]]
| Based on English common law, with an Indian influence. Religious law influences personal law.
|-
| {{flagicon|British Virgin Islands}} [[Law of the British Virgin Islands|British Virgin Islands]]
| Based on English common law.
|-
| {{flagicon|Canada}} [[Law of Canada|Canada]]
|
|-
| {{flagicon|Cayman Islands}} [[Law of the Cayman Islands|Cayman Islands]]
| Based on English common law.
|-
| {{flagicon|Cyprus}} [[Law of Cyprus|Cyprus]]
| Based on English common law, as inherited from British colonization, with civil law influences, particularly in administrational law.
|-
| {{flagicon|Dominica}} [[Law of Dominica|Dominica]]
|
|-
| {{flagicon|England}} {{flagicon|Wales}} [[English law|England and Wales]]
| Primarily [[common law]], with early [[Roman law|Roman]] and some modern [[continental Europe]]an influences.
|-
| {{flagicon|Fiji}} [[Law of Fiji|Fiji]]
|
|-
| {{flagicon|Gibraltar}} [[Law of Gibraltar|Gibraltar]]
| Based on English common law.
|-
| {{flagicon|Ghana}} [[Laws of Ghana|Ghana]]
| Based on English common law.
|-
| {{flagicon|Grenada}} [[Law of Grenada|Grenada]]
|
|-
| {{flagicon|
| Principally based on
|-
| {{flagicon|
| Based on English common law, except intermingled laws in Goa,<ref>{{cite book |author1=Nandini Chavan, Qutub Jehan Kidwai |title=Personal Law Reforms and Gender Empowerment: A Debate on Uniform Civil Code |date=2006 |publisher=Hope India Publications |page=245 |url=https://books.google.com/books?id=QIMp5ctu_ngC&q=Goa |chapter=Territorial Diversities and Personal Laws|isbn=978-81-7871-079-2 }}</ref> DNHDD and Puducherry.<ref name=p/> [[History of Indian law|Vedic Hindu legal traditions]] also influenced the legal system in India.<ref name=in1/><ref name=in2/>
|-
| {{flagicon|Republic of Ireland}} [[Law of the Republic of Ireland|Ireland]]
| Based on Irish law before 1922, which was itself based on English common law.
|-
| {{flagicon|Israel}} [[Israeli law|Israel]]
| Based on English common law, arising from the period of the [[Mandatory Palestine|British Mandate]] (which includes laws arising from previous [[Ottoman Empire|Ottoman]] rule),<ref>{{cite web|url=http://www.tau.ac.il/law/members/ron-harris/8.pdf |title=Archived copy |access-date=2015-01-30 |url-status=dead |archive-url=https://web.archive.org/web/20150223233903/http://www.tau.ac.il/law/members/ron-harris/8.pdf |archive-date=23 February 2015 }}</ref> also incorporating civil law and fragments of [[Halakha]] and [[Sharia]] for family law cases
|-
| {{flagicon|Jamaica}} [[Judiciary of Jamaica|Jamaica]]
| Based on English common law.
|-
| {{flagicon|Kiribati}} [[Law of Kiribati|Kiribati]]
|
|-
|
| Based on Anglo-American and customary law
|-
|{{flagicon|Marshall Islands}} [[Law of Marshall Islands|Marshall Islands]]
| Based on [[law of the United States]].
|-
|{{flagicon|Myanmar}} [[Law of Myanmar|Myanmar]]
| Based on English common law.
|-
| {{flagicon|Nauru}} [[Law of Nauru|Nauru]]
|
|-
| {{flagicon|Nepal}} [[Law of Nepal|Nepal]]
| Based on English common law.
|-
| {{flagicon|New Zealand}} [[Law of New Zealand|New Zealand]]
| Based on English common law with some aspects of [[tikanga Māori]].<ref>{{cite court|litigants=Josephine Takamore v Denise Clarke|reporter=SC 131/2011 [2012] NZSC 116|pinpoint=paragraph 94|court=[[Supreme Court of New Zealand]]|date=18 December 2012}}</ref><ref>{{cite journal | doi=10.1080/19452829.2020.1801610 | title=When a River Becomes a Person | date=2020 | last1=Kramm | first1=Matthias | journal=Journal of Human Development and Capabilities | volume=21 | issue=4 | pages=307–319 | doi-access=free }}</ref>
|-
| [[Northern Ireland law|Northern Ireland]]
| Based on Irish law before 1921, in turn, based on English common law.
|-
| {{flagicon|Palau}} [[Law of Palau|Palau]]
|
|-
| {{flagicon|Pakistan}} [[Law of Pakistan|Pakistan]]
| Based on English common law, with some provisions of Islamic law.<ref name=pk>{{cite journal |last1=Martin |first1=Lau |title=Introduction to the Pakistani Legal System, with Special Reference to the Law of Contract |url=https://heinonline.org/HOL/LandingPage?handle=hein.journals/yislamie1&div=9&id=&page= |journal=Yearbook of Islamic and Middle Eastern Law |year=1994|volume=1 |page=3 }}</ref>
|-
| {{flagicon|Papua New Guinea}} [[Law of Papua New Guinea|Papua New Guinea]]
| Based on English common law and customary laws of its more than 750 different cultural and language groups.
|-
| {{flagicon|Saint Kitts and Nevis}} [[Law of Saint Kitts and Nevis|Saint Kitts and Nevis]]
|
|-
| {{flagicon|Saint Vincent and the Grenadines}} [[Law of Saint Vincent and the Grenadines|Saint Vincent and the Grenadines]]
|
|-
| {{flagicon|Singapore}} [[Law of Singapore|Singapore]]
| Based on English common law, but Muslims are subject to the [[Administration of Muslim Law Act]], which gives the Sharia Court jurisdiction over Muslim personal law, ''e.g.'', marriage, inheritance and divorce.
|-
| {{flagicon|Tonga}} [[Law of Tonga|Tonga]]
|
|-
| {{flagicon|Trinidad and Tobago}} [[Law of Trinidad and Tobago|Trinidad and Tobago]]
|
|-
| {{flagicon|Tuvalu}} [[Law of Tuvalu|Tuvalu]]
|
|-
| {{flagicon|
| Based on English common law.
|-
| {{flagicon|United States}} [[Law of the United States|United States]]
| [[Federal judiciary of the United States|Federal courts]] and 49 states use the legal system based on English common law, which has diverged somewhat since the mid-nineteenth century in that they look to each other's cases for guidance on issues of the first impression and rarely, if ever, look at contemporary cases on the same issue in the UK or the Commonwealth.
[[Law of Louisiana|Louisiana]] is based on French and Spanish civil law, and [[Law of Puerto Rico|Puerto Rico]] is based on Spanish civil law.
|}
==
{{main|
Religious law refers to the notion of a religious system or document being used as a legal source, though the methodology used varies. For example, the use of Judaism and ''[[halakha]]'' for public law has a static and unalterable quality, precluding amendment through legislative acts of government or development through judicial precedent; Christian [[canon law]] is more similar to [[civil law (legal system)|civil law]] in its use of [[code (law)|codes]]; and Islamic [[sharia]] law (and ''[[fiqh]]'' jurisprudence) is based on legal [[precedent]] and reasoning by [[analogy]] (''[[qiyas]]''), and is thus considered similar to [[common law]].<ref>{{citation|title=Islamic Finance: Law, Economics, and Practice|first=Mahmoud A.|last=El-Gamal|year=2006|publisher=[[Cambridge University Press]]|isbn=0-521-86414-3|page=16}}</ref>
The main kinds of religious law are [[sharia]] in Islam, ''[[halakha]]'' in Judaism, and [[canon law]] in some Christian groups. In some cases these are intended purely as individual moral guidance, whereas in other cases they are intended and may be used as the basis for a country's legal system; the latter was particularly common during the [[Middle Ages]].
[[File:Aleppo Codex Joshua 1 1.jpg|thumb|Aleppo Codex: 10th century Hebrew Bible with Masoretic pointing]]
''Halakha'' is followed by [[Orthodox Judaism|Orthodox]] and [[Conservative Judaism|Conservative]] Jews in both ecclesiastical and civil relations. No country is fully governed by ''halakha'', but two Jewish people may decide, because of personal belief, to have a dispute heard by a Jewish court, and be bound by its rulings.
[[Canon law]] is the internal [[ecclesiastical]] law, or operational policy, governing the [[Catholic Church]] (both the [[Latin Church]] and the [[Eastern Catholic Churches]]), the [[Canon law of the Eastern Orthodox Church|Eastern Orthodox]] and [[Oriental Orthodoxy|Oriental Orthodox]] churches, and the individual national churches within the [[Anglican Communion]].<ref>Boudinhon, Auguste. [http://www.newadvent.org/cathen/09056a.htm "Canon Law." ] The Catholic Encyclopedia. Vol. 9. New York: Robert Appleton Company, 1910. 9 August 2013</ref> [[Canon law of the Catholic Church]] ({{Langx|la|jus canonicum}})<ref>Black's Law Dictionary, 5th Edition, pg. 771: "Jus canonicum"</ref> is the [[legal system|system]] of [[law]]s and [[canon law|legal principles]] made and enforced by the [[Hierarchy of the Catholic Church|hierarchical authorities]] of the Catholic Church to regulate its external organisation and government and to order and direct the activities of Catholics toward the mission of the church.<ref>Della Rocca, ''Manual of Canon Law'', p. 3.</ref> The canon law of the Catholic Church has all the ordinary elements of a mature legal system: laws, [[Ecclesiastical court|courts]], [[Ecclesiastical lawyer|lawyers]], judges.<ref name="clinfocat">[[Edward N. Peters]], [http://www.canonlaw.info/a_catechistintro.htm "A Catechist's Introduction to Canon Law"], CanonLaw.info, accessed June-11-2013</ref> The canon law of the Latin Church was the first modern Western [[legal system]],<ref>Berman, Harold J. ''Law and Revolution'', pp. 86, 115.</ref> and is the oldest continuously functioning legal system in the [[Western world|West]].<ref>[[Edward N. Peters]], [https://canonlaw.info/ CanonLaw.info Home Page], accessed 11 June 2013.</ref><ref>Raymond Wacks,''Law: A Very Short Introduction, 2nd Ed.'' (Oxford University Press, 2015) p. 13.</ref> while the distinctive traditions of [[Eastern Catholic canon law]] govern the 23 Eastern Catholic [[particular church]]es ''[[sui iuris]].''
The Islamic legal system, consisting of [[sharia]] (Islamic law) and ''[[fiqh]]'' (Islamic jurisprudence), is the most widely used [[religious law]] system, and one of the three most common legal systems in the world alongside common law and civil law.<ref>{{citation|title=Islamic Law: Its Relation to Other Legal Systems|first=Gamal Moursi|last=Badr|journal=The American Journal of Comparative Law|volume=26|issue=2 – Proceedings of an International Conference on Comparative Law, Salt Lake City, Utah, 24–25 February 1977|date=Spring 1978|pages=187–198|doi=10.2307/839667|jstor=839667}}</ref> It is based on both [[divine law]], derived from the [[hadith of the Quran and Sunnah]], and the rulings of ''[[ulema]]'' (jurists), who use the methods of ''[[ijma]]'' (consensus), ''[[qiyas]]'' (analogical deduction), ''[[ijtihad]]'' (research), and ''[[urf]]'' (common practice) to derive [[fatwā]] (legal opinions). An ''ulema'' was required to qualify for an ''[[ijazah]]'' ([[Law degree|legal]] [[doctorate]]) at a ''[[madrasa]]'' ([[law school]] or [[college]]) before they could issue ''fatwā''.<ref name=G-Makdisi>{{citation|last=Makdisi|first=George|title=Scholasticism and Humanism in Classical Islam and the Christian West|journal=Journal of the American Oriental Society|volume=109|issue=2|date=April–June 1989|pages=175–182 [175–77]|doi=10.2307/604423|jstor=604423}}</ref> During the [[Islamic Golden Age]], classical Islamic law may have had an [[Islamic contributions to Medieval Europe|influence on the development]] of common law<ref name=J-Makdisi>{{citation|last=Makdisi|first=John A.|title=The Islamic Origins of the Common Law|journal=[[North Carolina Law Review]]|date=June 1999|volume=77|issue=5|pages=1635–1739}}</ref> and several civil law institutions.<ref name=autogenerated1>{{citation|title=Islamic Law: Its Relation to Other Legal Systems|first=Gamal Moursi|last=Badr|journal=The American Journal of Comparative Law|volume=26|issue=2 – Proceedings of an International Conference on Comparative Law, Salt Lake City, Utah, 24–25 February 1977|date=Spring 1978|pages=187–198 [196–8]|doi=10.2307/839667|jstor=839667}}</ref> Sharia law governs a number of Islamic countries, including Saudi Arabia and Iran, though most countries use Sharia law only as a supplement to national law. It can relate to all aspects of civil law, including property rights, contracts, and public law.
{| style="width:100%;" class="wikitable"
|-
! style="width:175px;"|Country
! Description
|-
| {{flagicon|
| Islamic law, based on Sunni [[Hanafi school|Hanafi]] jurisprudence.<ref>{{cite web |last1=Arwa |first1=Ibrahim |title=Explainer: The Taliban and Islamic law in Afghanistan |url=https://www.aljazeera.com/news/2021/8/23/hold-the-taliban-and-sharia-law-in-afghanistan |publisher=Al Jazeera |access-date=2021-08-23}}</ref>
|-
| {{flagicon|
| Islamic law, based on Shia [[Ja'fari school|Jaʽfari]] jurisprudence.<ref>{{cite web |title=An Intellectual History of the Ja'fari School |url=https://lawandreligionforum.org/2022/08/25/an-intellectual-history-of-the-jafari-school/ |publisher=Law and religion forum |access-date=2022-08-25}}</ref>
|-
| {{flagicon|Nigeria}} [[Law of Nigeria|Nigeria]]
| [[Sharia in Nigeria|Sharia in the northern states]], [[common law]] in the south and at the federal level.
|-
| {{flagicon|Saudi Arabia}} [[Law of Saudi Arabia|Saudi Arabia]]
| Islamic law, based on Sunni [[Hanbali school|Hanbali]] jurisprudence.
|-
| {{flagicon|Yemen}} [[Legal system of Yemen|Yemen]]
| Islamic law.
|}
==Pluralistic systems==<!-- This section is linked from [[Common law]] -->
===Civil law and canon law===
{{main|Canon law (Catholic Church)}}
[[Canon law]] is not divine law, properly speaking, because it is not found in revelation. Instead, it is seen as human law inspired by the word of God and applying the demands of that revelation to the actual situation of the church. [[Canon law]] regulates the internal ordering of the [[canon law (Catholic Church)|Catholic Church]], the [[Eastern Orthodox Church]] and the [[Anglican Communion]]. Canon law is amended and adopted by the legislative authority of the church, such as [[episcopal conference|councils of bishops]], individual bishops for their respective sees, the [[Pope]] for the entire Catholic Church, and the British Parliament for the [[Church of England]].
{| style="width:100%;" class="wikitable"
|-
! style="width:175px;"|Country
! Description
|-
| {{flagicon|Vatican City}} [[Law of Vatican City|Vatican City]]
| Based on [[Roman law|Roman]] & [[Law of Italy|Italian]] civil law and [[canon law (Catholic Church)|Catholic canon law]]<ref>{{Cite web|title=Pope Francis reforms Vatican City courts with new law|url=https://www.catholicnewsagency.com/news/43869/pope-francis-reforms-vatican-city-courts-with-new-law|access-date=2021-02-16|website=Catholic News Agency|language=en}}</ref>
|}
===Civil law and common law===
{| style="width:100%;" class="wikitable"
|-
! style="width:130px;"|Country
! Description
|-
| {{flagicon|Botswana}} [[Law of Botswana|Botswana]]
| Based on [[Law of South Africa|South African law]]. An 1891 proclamation by the [[High Commissioner for Southern Africa]] applied the law of the [[British Cape Colony|Cape Colony]] (now part of South Africa) to the [[Bechuanaland Protectorate]] (now Botswana).<ref name=pain>{{cite journal |title=The reception of English and Roman-Dutch law in Africa with reference to Botswana, Lesotho and Swaziland |first=JH |last=Pain |journal=The Comparative and International Law Journal of Southern Africa |volume=11 |number=2 |date=July 1978 |pages=137–167 }}</ref>
|-
| {{flagicon|Cameroon}} [[Laws of Cameroon|Cameroon]]
| Mixture of French civil law system and English common law (After [[World War I]], Cameroon was ruled by [[France]] and the [[United Kingdom]] as a [[League of Nations mandate]] then a [[United Nations trust territories|United Nations trust territory]] from 1916 to 1961)
|-
| {{flagicon|Cyprus}} [[Law of Cyprus|Cyprus]]
| Based on
|-
| {{flagicon|Eswatini}} [[Law of Eswatini|Eswatini]]
| Based on [[Law of South Africa|South African law]]. A 1907 proclamation by the [[High Commissioner for Southern Africa]] applied the Roman-Dutch common law of the [[Transvaal Colony]] (now part of South Africa) to the [[Swaziland Protectorate]] (now Eswatini).<ref name=pain/>
|-
| {{flagicon|Guyana}} [[Law of Guyana|Guyana]]
| Guyana follows a mixed legal system, a combination of civil law & common law.<ref>{{cite web |last1=Errol |first1=A. Adams |title=Guyana Law and Legal Research |url=https://www.nyulawglobal.org/globalex/Guyana.html |publisher=Hauser Global Law School Program, New York University School of Law |year=2020}}</ref>
|-
|
| In post-independence India, the Uniform Penal Code throughout India and [[Goa civil code|civil code to residents of Goa]]. The [[Bharatiya Nyaya Sanhita]], the [[Bharatiya Nagarik Suraksha Sanhita]] and the [[Bharatiya Sakshya Act, 2023]] amendment bills with minor changes.<ref name=in1/><ref name=in2/> While [[Hindu personal law]] based on customary laws of [[Indian religions]] and [[Muslim personal law]] based on [[hanafi]] school are currently used,<ref>{{cite web|title=Religious conversion: HC query raises more question marks|url=https://timesofindia.indiatimes.com/city/jodhpur/religious-conversion-hc-query-raises-more-question-marks/articleshow/61473880.cms|work=The Times of India|access-date=1 December 2017}}</ref> the Indian government is promoting a [[Uniform Civil Code]] that applies to all citizens.<ref>{{cite web |title=Modi's party set to bring contentious common civil laws in India through states |url=https://www.reuters.com/world/india/modis-party-set-bring-contentious-common-civil-laws-india-through-states-2024-01-31/ |publisher=Reuters |access-date=January 31, 2024}}</ref>
|-
| {{flagicon|Kenya}} [[Law of Kenya|Kenya]]
| Based on English Common Law and Civil law as well as the country's customary law.
|-
| {{flagicon|Lesotho}} [[Law of Lesotho|Lesotho]]
| Based on [[Law of South Africa|South African law]]. An 1884 proclamation by the [[High Commissioner for Southern Africa]] applied the law of the [[British Cape Colony|Cape Colony]] (now part of South Africa) to [[Basutoland]] (now Lesotho).<ref name=pain/>
|-
| {{flagicon|Louisiana}} [[Louisiana law|Louisiana]]<br>({{flagicon|United States}} U.S.)
| Based on French and Spanish civil law, but federal laws (based on common law) are also in effect in Louisiana because of the federal constitution's [[Supremacy Clause]]. However, Louisiana's criminal law, procedural law and administrative law is predominantly based on the common law tradition.
|-
| {{flagicon|Malta}} [[Law of Malta|Malta]]
|Initially based on [[Roman Law]] and eventually progressed to the Code de Rohan, the [[
|-
| {{flagicon|Mauritius}} [[Law of Mauritius|Mauritius]]
| Laws governing the Mauritian penal system are derived partly from [[French civil law]] and [[British common law]].<ref>{{cite web|url=http://www.mongabay.com/history/mauritius/mauritius-penal_system_8147.html|title=Mauritius-Penal System|access-date=19 March 2018}}</ref>
|-
| {{flagicon|Namibia}} [[Law of Namibia|Namibia]]
| Based on [[Law of South Africa|South African law]]. South Africa conquered [[South-West Africa]] (now Namibia) in 1915, and a 1919 proclamation by the [[Governor-General of South Africa|Governor-General]] applied the law of the [[Cape Province]] of South Africa to the territory.<ref>{{cite web |url=http://www.nyulawglobal.org/globalex/Namibia1.htm |first1=Geraldine Mwanza |last1=Geraldo |first2=Isabella |last2=Nowases |title=Researching Namibian Law and the Namibian Legal System |date=April 2010 |access-date=7 May 2013}}</ref>
|-
| {{flagicon|Philippines}} [[Law of the Philippines|Philippines]]
| Based on Spanish law; influenced by
|-
| {{flagicon|Puerto Rico}} [[Law of Puerto Rico|Puerto Rico]]
| Based on Spanish law; influenced by
|-
| {{flagicon|Quebec}} [[Quebec law|Quebec]]
| After the 1763 [[Treaty of Paris (1763)|Treaty of Paris]] awarded [[Canada (New France)|French Canada]] to Great Britain, the British initially attempted to impose English Common Law. In 1774, as a result of a ruling by the British courts in ''[[Campbell v Hall]]'' about the status of legal systems found in acquired territories, the British Parliament passed the [[Quebec Act]], which preserved French [[Civil law (legal system)|civil law]] for [[private law]] while keeping and reserving English [[common law]] for public law including criminal prosecution. Codification occurred in 1866 with the enactment of the ''[[Civil Code of Lower Canada]]'' ([[French language|French]]: ''Code civil du Bas-Canada''), which continued in force when the modern Province of Quebec was created at Confederation in 1867. Subsequently, the ''[[Civil Code of Quebec]]'' ([[French language|French]]: ''Code civil du Québec'') came into effect on 1 January 1994, and is the [[civil code]] currently in force. Canadian (federal) criminal law in force in Quebec is based on common law, but federal statutes of or relating to private law take into account the bijuridical nature of Canada and use both common law and civil law terms where appropriate.
|-
| {{flagicon|Saint Lucia}} [[Law of Saint Lucia|Saint Lucia]]
|
|-
| {{flagicon|Scotland}} [[Scots law|Scotland]]
| Based on [[Roman law|Roman]] and continental law, with common law elements dating back to the [[Legal institutions of Scotland in the High Middle Ages|High Middle Ages]].<ref>This definition is partly disputed – Thomson, Stephen, [http://digitalcommons.law.lsu.edu/jcls/vol7/iss1/3/ ''Mixed Jurisdiction and the Scottish Legal Tradition: Reconsidering the Concept of Mixture''] (2014) 7(1) [[Journal of Civil Law Studies]] 51–91</ref>
|-
| {{flagicon|Seychelles}} [[Law of Seychelles|Seychelles]]
| The substantive civil law is based on the French Civil Code. Otherwise, the criminal law and court procedure are based on the English common law. See [http://sites.google.com/site/theseychelleslegalenvironment/legal-system Seychelles Legal Environment].
|-
| {{flagicon|South Africa}} [[Law of South Africa|South Africa]]
| An amalgam of [[
|-
| {{flagicon|
| An amalgam of English common law, [[Roman-Dutch law|Roman-Dutch civil law]] and [[Customary Law]]
|-
| {{flagicon|Thailand}} [[Law of Thailand|Thailand]]
| The Thai legal system became an amalgam of German, Swiss, French, English, Japanese, Italian, Indian and American laws and practices. Even today, Islamic laws and practices exist in four southern provinces. Over the years, Thai law has naturally taken on its own Thai identity.
|-
| {{flagicon|Vanuatu}} [[Law of Vanuatu|Vanuatu]]
| Consists of a mixed system combining the legacy of English common law, French civil law and indigenous customary law.
|-
| {{flagicon|Zimbabwe}} [[Law of Zimbabwe|Zimbabwe]]
| Based on [[Law of South Africa|South African law]]. An 1891 proclamation by the [[High Commissioner for Southern Africa]] applied the law of the [[British Cape Colony|Cape Colony]] (now part of South Africa) to [[Southern Rhodesia]] (now Zimbabwe).
|}
===
{| style="width:100%;" class="wikitable"
|-
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| {{flagicon|Egypt}} [[Egyptian judicial system|Egypt]]
|Family Law (personal Statute) for Muslims based on Islamic Jurisprudence, Separate Personal Statute for non-Muslims, and all other branches of Law are based on French civil law system
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|Only applies to Muslims for personal matters
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|Based on [[Napoleonic Code|Napoleonic-Dutch civil law]], mixed with Islamic [[sharia]] law (personal matters only), and [[Customary Law]].
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| Mainly based on [[French Civil Code]] and Ottoman [[Majalla]], Islamic law applicable to family law
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| Mix of Islamic law and [[French Civil Code]]s, Islamic law largely applicable to both criminal, family law, and other forms of personal laws such as disputes.
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| Civil law and sharia personal law for Muslims.
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| {{flagicon|Morocco}} [[Law of Morocco|Morocco]]
| Based on Islamic law and French and Spanish civil law system. Islamic law is mainly for personal matters and Jews use Halakha.
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| Based on Islamic law and the Egyptian civil law system (after the French civil law system)
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|Mainly based on [[French Civil Code]]. Islamic law is applicable to family law. Non-Muslims follow their own family laws.
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| Mixed legal system, based on Islamic law and the Egyptian civil law system (after the French civil law system). The UAE adopts a dual legal system of civil and Sharia.<ref>{{cite web |title=The Federal Judiciary |url=https://u.ae/en/about-the-uae/the-uae-government/the-federal-judiciary#:~:text=and%20Penalties%20Law-,Mixed%20legal%20system,(the%20system%20of%20law). |publisher=The UAE Government |year=2022}}</ref>
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===Common
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| Based on English common law, personal law based on sharia law applies to Muslims.
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| {{flagicon|Nigeria}} [[Law of Nigeria|Nigeria]]
| Common law is used at the federal level and in most states, [[Sharia in Nigeria|Sharia is applied in some northern states]].
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| Based on English common law, some Islamic law (sharia) applications in [[inheritance]]. Formerly [[Tribal Law]] in the [[Federally Administered Tribal Areas, Pakistan|FATA]].<ref name=pk/>
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==By geography==
Despite the usefulness of different classifications, every legal system has its own individual identity. Below are groups of legal systems, categorised by their [[geography|geographic ___location]]. {{Africa in topic|Law of}}
{{North America in topic|Law of}}
{{South America in topic|Law of}}
{{Asia in topic|Law of|IL=Israeli law}}
{{Law of Europe}}
{{Oceania in topic|Law of}}
==See also==
{{div col|colwidth=22em}}
*[[
*[[Comparative law]]
*[[
*[[International customary law]]
*[[Sharia]]
*[[Qanun (law)]]
*[[Legal pluralism]]
**''[[Journal of Legal Pluralism]]''
*[[Rule of law]]
*[[Rule According to Higher Law]]
*[[Socialist law]]
*[[Soviet law]]
*[[Tribal sovereignty]]
*[[Western law]]
*[[Comparative law wiki]]
*[[Legal education]]
{{div col end}}
== References ==
{{Reflist}}
== Sources ==
{{Refbegin}}
; Books
* Susan Farran, Esin Örücü, & Seán Patrick Donlan, eds. ''A study of mixed legal systems: endangered, entrenched, or blended''. Farnham, Surrey: Ashgate, 2014.
* Elina N. Moustaira. ''Milestones in the course of comparative law: thesis and antithesis (in Greek)''. Athens: Ant. N. Sakkoulas Publishers, 2003, {{ISBN|960-15-1097-4}}.
* Esin Örücü, ed. ''Mixed legal systems at new frontiers''. London: Wildy, Simmonds & Hill, 2010.
* Vernon Valentine Palmer, Mohamed Y. Mattar, & Anna Kopper, eds. ''Mixed legal systems, east and west''. Farnham–Burlington, VT: Ashgate, 2014.
{{Refend}}
== External links ==
* [https://web.archive.org/web/20061106165657/http://www.droitcivil.uottawa.ca/world-legal-systems/eng-monde.php World Legal Systems], Website of the Faculty of Law of the University of Ottawa
* [https://www.cia.gov/the-world-factbook/field/legal-system/ Factbook list of legal systems]
{{Clear}}
{{Law}}
{{Jurisprudence}}
{{Law country lists}}
{{Social sciences}}
{{Authority control}}
[[Category:
[[Category:Law
[[Category:Legal systems|*]]
[[Category:Customary legal systems| ]]
[[Category:Law-related lists]]
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