Civil Law Tradition In Afghanistan

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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…
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 corruption and arbitrariness are high. We are developing, but the fact is that we are still lacking qualified judges and prosecutors to decide based on their own reasoning. The common law system or other systems might be a good choice; however, they will not work in Afghanistan and the best choice we have is Civil law system. Now, the law is codified and people are obliged to be bound to it. The good thing is that all the criminal acts are codified and specified, no one can do a criminal act and
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