In a nutshell, legal tradition is the basis or historical root of a country’s legal system. There are two major legal traditions – the Common law and Civil law traditions. Each tradition has different source, concept, rule and development history. The adoptions of legal traditions in certain countries are largely affected by their historical background as well. John Henry Merryman (as cited in O’Connor, 2012, p.8) defined “legal tradition” as “a set deep rooted, historically conditioned attitudes about the nature of law, about the role of law in the society….
The Civil Law/Romano-German Tradition Civil law tradition was developed in Continental Europe in the Middle Ages. This tradition was applied throughout continental Europe and the colonies of European Powers such as Spain France and Portugal . The Civil law or the Romano German Tradition is codified . This means that there is a comprehensive and exhaustive list of codes ad regulations which prescribes all matters which can be brought before a court of law. Codes are categorized in three distinct divisions.
Roman legal history is framed by two codifications, the Twelve Tables and the Corpus Juris Civilis. Roman law, was effective in the Eastern Roman Empire (331-1453), and is also the basis of our legal system, civil system which most countries apply, from Europe to Latin America. Even English and North American Common law also were influenced by Roman law, particularly in the legal glossary - stare decisis, culpa in contrahendo, pacta sunt servanda. The primary document that all Roman laws were included was the Twelve Tables. This attempt was the earliest of Romans to create a Code of Law and is also the earliest (surviving) piece of literature coming from the Romans.
They tried as far as possible to get rid of the English influences and their mouthpiece was the Tydskrif vir Hedendaagse RomeinsHollandse Reg (THRHR). Today the SALJ and THRHR can no longer be labelled the mouthpiece of any specific group or school of thought because the whole debate has ceased and it is now generally accepted that English law has had a permanent influence in certain areas of our legal system. By looking at the history and development of the South African law we note that the English versus Afrikaner division in white South African politics had important consequences for the common law. The Dutch and English law was moulded into the South African common law. It was ex post facto carved up into English law and Roman-Dutch law and as the Afrikaner political power gained momentum, the movement to clean South African law from the foreign English additions became stronger.
Term “civil” and “criminal” law. Civil law is dominant legal tradition today in most of Europe, all of Central and South America, parts of Asia and Africa. The origin of civil law is form the Roman law. Civil law is concerned with the rights and duties of individuals or organizations towards each other. Violation of these established rights duties are known as TORTS.
They also share the positional numeral system with the Romans. The positional numeral system or place-value notation is a process of encoding/representing numbers. It is distinguished from other notations because it uses different symbols for different orders of magnitude (one’s place, tens place). Roman numerals originated from ancient Rome and remained the numeral system in Europe until the Late Middle Ages, which is roughly 1250-1500 CE (Common Era). Roman numerals are a combination of letters from the Latin alphabet.
The early usages of the phrase were actually in the form of its Latin translation i.e. lex naturalis; jus naturale. The use of natural law, in its various incarnations, has varied widely through its history. There are a number of different theories of natural law, differing from each other with respect to the role that morality plays in determining the authority of legal
The judicial power was divided between two jurisdiction's authorities. The British High Commissioner exercised his jurisdiction over British and foreign cases, even if one of the parties involved in the case was a Kuwaiti citizen. And, the Kuwaiti courts, which were formed as the Main Sharia Court, exercised its jurisdiction over criminal, commercial, and civil cases, Personal Statute and Family Courts (one for Sunni Muslims and another for Shiites), and a Court for Minor Crimes. In the movement toward independence and self-governance, Kuwait enacted many laws before the declaration of independence. One of those laws was the Judiciary Act of 1959.
The codification of English was as primary component in the process of standardization, it is known that the history of English illustrates the inevitability of linguistic change. “In the seventeenth and eighteenth century, the lexicographers in England had published some developed dictionaries, but the lexicons in both England and America were set to standards by Samuel Johnson’s Dictionary of the English Language.” (Seargeant and Swann, 2012) “Samuel Johnson was born in 1709 in Lichfield, Staffordshire. The son of a bookseller, he rose to become one of the greatest literary figures of the eighteenth century, most famously compiling A Dictionary of the English Language.” (Dr. Johnson’s House, Samuel Johnson, 2012). Before getting into more details about Dr. Johnson’s dictionary in the seventh and eighteenth century, let’s mention that the English language grew more though years to become a national language. Before it became a national language, English was not even original in England.
It is used in the civil administration and bureaucracy and it is the language of communicator in the country’s legal system at the federal and provincial levels, although in the provincial district and session courts, Urdu is greatly 15 used in writing. According to Abbas, (1998), one should roughly estimate that writing in these courts is bilingual in lower courts, and for the superior courts, i.e. the Supreme Court and High Courts the written texts are in English. The language used in the Defense Forces is English and in the army, navy and air force the models used for training are British and English is the language of communication