Compare and classify the various existing
First of all, it is important to know what one understands by the concept of system. A system is a whole
of national laws which have common characteristics. It is thus the discovery of common characteristics
which makes it possible to attach a system to a unit. It thus appears necessary to compare the systems
to arrive at classification. We chose to study the following rights: Romano German law, Common Law,
African law, Moslem law, Hindu law, Chinese law, and Japanese law
1) The laws can be classified according to several criteria
The social order:
- According to the organization of the company: if it is dominated or not by the religion as for the Moslem
and Hindu or laic right as for the Western right.
- According to the place of the individual in the society: the right is individualistic, the Western rights;
collectivist, Soviet right or Community, African right.
The role of the right:
In Occident the law constitutes the major element of the organization of the society and profits from this
fact of a great prestige, whereas in Far East and in a part of Africa; the right does not constitute the
major social constraint traditionally. There are differences between the traditional societies which give to
the law a function of conservation of the social order often justified by the religion, and the modern
societies which give to the law a function of transformation of the society.
Sources of the law:
The preponderance of the habit, the law, jurisprudence, the constitution or of the international law
makes it possible to compare the laws.
2) Different families of law
- The family of Romano German :
It is thus named because it gathers the rights resulting from the Roman legal tradition in their
various expressions. One can summarize this right in two main categories, the philosophical first
being of order and the second of a structural nature.
The Roman laws are principally those of Europe and Latin America. They are influenced by the
university education of Roman law, the school of the natural right and later coding. These rights are
characterized by the use of abstract concepts, the formulation of general rules and the separation of
the rules of substance and the rules of procedure. The legal provisions are related to concerns of
justice and morals.
* Characters of a philosophical nature:
Within the Romano-Germanic family, the right independent of very is given external. This is
related to the development of the right within the framework of Roman paganism and medieval
Christendom. Moreover this family was deeply influenced by the Roman law, the School of the Natural
Right, university education of the Roman law and coding
*Characters of a structural nature:
The Romano-Germanic right is characterized by a statute law and of legislative nature. It has
recourse to the use of abstract concepts; it formulates its rules in a general way in the form of codes.
We can take as example the French civil code
Moreover, the systems of the Romano-Germanic family separate the rules of substance and
from procedure. The legal provisions are conceived as being codes of conduct closely related to
concerns of justice and morals. The structure of the Roman law emanates from the institutions of the
- The family of Common Law :
The common law, also called traditional right, is a right which evolved starting from the
decisions of the British courts since the conquest Norman in 1066. These old decisions established
“precedents” which were established in later businesses of nature similar. The precedents can be
cancelled by new laws, or statutes, adopted by the suitable government.
The common law joins together mainly the rights of Great Britain, Ireland, the United States,
Canada, Australia and the Zealand News.
The common law is a system built primarily on the jurisprudential right in opposition to the right
common lawyer or codified. Based mainly on the rules worked out by the English courts during
centuries last and little influenced by the Roman law, the natural right and coding. The rights of
common laws approach the Roman law gradually. Thus, they resort more and more to the statute
law (legislation, sometimes even in a codified form, and written constitution). The concern of the
common lawyers is to restore the disturbed order, and not to establish the bases of the society.
The common law is a procedure oral and contradictory and its principal fields of application are in
the contract laws, criminal rights and in the civil liability.
- The family of socialist right:
This family includes Russia and the old Member States of the USSR. except for the three Baltic
It is in full change. The rights of this family were subject to multiple influences: initially Byzantine
right (thus a branch of the Roman law. Also strongly this family the Mongolian domination and the
ideology Marxist impregnated, even if today these rights approach the Western rights. For certain
authors Russia belongs to the Romano-Germanic system because of the influence of the Roman law.
For others, and it is the majority, what is prevalent in this family of rights, it is the influence of
Communism with for example the collectivization of the economy and the control of the country by the
- The family of African Customary law :
This right is founded mainly on obedience with the habits like on the fear of the opinion and
especially of the supernatural powers and the spirits. These common laws vary according to the
areas and ethnos groups'. African and the Madagascans reject the concept of progress. These
habits are difficult to know because they are transmitted orally. The basic concept is that of
solidarity thus the most serious infringements are those which endanger the group. The legal rules
are intended to restore peace and the harmony in the group, to reconcile the adversaries and are
applied more by the wise ones than by judges.
- The family of religious right :
The Moslem right:
The Moslem right is a religious right. The principal sources are Coran, written source, and Sunna,
tradition of the Prophet. It is presented in the form of an eminent right equipped with the majesty
with crowned. It is immutable.
So it has vocation to apply only to the community of believing. It is formulated exclusively by the
Islamic doctrines, escaping thus largely from the political authorities.
Lastly, it tends to a certain opposition to progress and even in certain cases to irrationality. The
legal concepts are indeed the deductive reasoning. Also the legal rules classify the commands and
prohibitions in five categories: what is absolutely well will be an obligatory duty, which has more
although of evil will be recommended, which is absolutely badly will be prohibited, which has more
evil than of good will be misadvised.
The Hindu right:
The Hindu right is primarily usual and it applies to any person who adheres to the Hinduism. It
corresponds to a certain design of the world and the way in which the individuals must behave, fixed
by the rules called "Sastras". It acts of a centred right around the concepts of tolerance and family.
In the designs Hindus, the DHARMA is a science of the duty. In addition, the Hinduism stresses
the tolerance and the duty of each one to act for the good of its family and to behave in accordance
with its place in the company
Each individual must behave in accordance with his place in the society from where the bulk-
heading of the society as castes and under castes suitable for each one of them. This right can be
attached today by its legal concepts and its techniques to the family of Common Law.
- The family of the Confucian rights
The Chinese right:
The Chinese right has been developed in an Empire dominated by the Confucianism (which
teaches with the men how not to disturb the harmony of the world).
The right intervenes only in the serious cases, to punish. The right plays a minor part: it has as
a function to maintain the law and order and not to guarantee the rights of the person towards the
State and the other individuals.
The goal of the law is to fix the punishments. Indeed, the criminal law is the most important
branch of the Chinese right. The right Confucian was occidentalized then strongly marked by the
Today, to be integrated in the international company, the Chinese introduce into their right of
many Western rules in particular of commercial law.
The Japanese right:
The Japanese right developed within a feudal society dominated by the samurais, in which a social
moral was imposed by the force. As in China, one preferred to develop rules which concern morals
and organize the relationship between the individuals. The rules of behaviour "Giri" replace the
The inferior is deprived of straight; the right is mainly used to justify the any power of the forts and to
punish those which disobey
There are four sources of right to Japan: the law, the habit, jurisprudence and natural equity.
Since 1898, the Japanese private law was almost completely occidentalized with the civil code
near to the German code and of the French code then the whole of the public law is occidentalized
under the influence of the United States
We can conclude that in Occident, Islam and India, one considers the right as the base of the
social order. The right must do extremely well and without it can only have anarchy and disorder.
On the contrary, in the Far East, the right is an instrument of arbitrary and factor of disorder.
Indeed, the main concern of the men should not be the respect of the right but research of the
harmony and peace. Finally, for the Chinese and Japanese the right is thus not essential.