The Basic Context of Civil Law

Abstract

This chapter looks at civil law. Civil law is the counterpart and the typical object of comparison to the common law. The distinction between these two legal families is one of the few on which comparative lawyers largely agree. In highly simplified descriptions found mostly in older texts, the unique feature of civil law is often identified as legal codification, especially of private law. The main aspects of this legal mindset are the doctrine of legal sources, the systematization of law, the method of statutory interpretation, and the role of legal authorities. All of these things influence the way in which law is applied in everyday practice and are the products of a specific historical evolution. The fundamental character of civil law can only be understood when the interplay among all these factors is considered.