Which of the legal systems examined in this module do you believe to be the most effective? Is it accurate to think in terms of “most effective,” or is each legal system ….to the country in which it exists?
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Which of the legal systems examined in this module do you believe to be the most effective?
Common law
Is it accurate to think regarding “most effective,” or is each legal system well-matched to the country in which it exists?
It is accurate to think regarding “most effective” for the following reasons:
Regarding flexibility – It is the most flexible as compared with other legal systems (Holmes, O. W., 2009). The reasons, unlike others, are that it allows judges to use precedents or develop new precedent if the existing is no longer valid. Flexibility feature makes it most effective in comparison with others because precedents are usually developed by judges who are experienced people in law.
It addresses unforeseen cases – Laws that are passed in the legislature cannot address all the scenarios, and that means areas that have not been addressed by legislature might take long for other legal systems to have laws addressing those areas. For common law, it usually addresses every situation because there is precedence and a judge can still form a new precedence any time.
Its speed and efficiency – There is a quick response in common law to any change in the society and anything that is new unlike civil law for example that relies on the legislature in terms for them to make a law to address a given scenario.
It’s consistency – It is more consistent since any precedent that is made mostly provides stability which is important and other courts are allowed to use the precedent.
Free from politics – It is judges who play the central part (Llewellyn, K. N., 2016). Judges are learned people in law than politicians, and in fact, for them, they make a precedent that is mostly sound because they do not play politics. The Civil law relies on politicians in passing law where sometimes are swayed by politics and makes laws that are not sound as precedents.
Reference
Holmes, O. W. (2009). The common law. Harvard University Press.
Llewellyn, K. N. (2016). The common law tradition: Deciding appeals (Vol. 16). Quid Pro Books.
It is not correct to think of common law to be the most effective but rather the most informative since it comprises of accumulated precedents from the ancient times and as such provides guidance that are holistic. On the other hand,Statute law in nations where it is used serves its purpose because unlike common law,it is very dynamic and flexible,fitting the changing times and culture of the people.