The Civil Law System

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Humans are social creatures that cannot survive without each other, for persisting their future generation they got along and formed societies. Meanwhile, society got complex and growth; for controlling the society, humans appealed for creating laws. They created verities of laws and kept updating it and one of the laws, is the civil law. Historically, the civil law tradition is one of the most influential and old tradition which is being practiced in most of the countries around the world. Countries like Rome were the origin of the civil law and countries like South Africa was invaded and influenced by the civil law. However, the majority of people are confused between legal tradition and legal systems, but there are some remarkable differences …show more content…

The civil code has been texted at the time of the Roman Empire; they saw a need of codification due to control the chronic circumstances that exist in their government and they codified laws based on rationality. After all, in my opinion, it was the best thing that the Romans did; in order to control a state, we have to have some prewritten rules and regulations. By the same token, these rules and regulations being as a code can help people to understand them and not to violate them. Codification of laws is very important feature of the civil law tradition which makes it a better System than others. In the civil law systems governments accept laws that they think is necessary for the society but they are based on civil law tradition. In civil law systems, the role of judges are limited to apply the predetermined rules, this ensures that they will not misuse their power which was the same case in France and many more countries before enactment of the LAW. Applying a case to the other one is a difficult process because of the existing differences, but by codifying the laws we are unifying the legal system which can help us through this …show more content…

Moreover, by studying the legal tradition the justice actors will understand the purpose and need of having it. The codification of civil legal tradition was based on rationality and ignorance of all other laws. Although, the civil law system is different than that civil law tradition, the civil law system was based on the traditions, which make the civil law tradition an important part of this new system. However, it is reasonable that due to the significant changes that occurred in altered periods of time our civil system will have some kind of differences with the old traditions. Afghanistan is a developing country which needs more years to develop its formal legal system all over the country. Before having our first constitution the current situation of Afghanistan is quite similar with what France was facing before the revolution. During the revolution time the whole legal system was corrupt, the judges and other officials were misusing their powers, most of the powers were with the king, and the king was accountable to no one. During that time majority of people suffered from the existing atmosphere, but after the codification of laws the government to take its first step to limit the power of high ranking officials, helped the people. Currently, the current civil law system suits the best for Afghanistan, since we suffer from lack of a good database for recording the data; but at the same time the chances of

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