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Comparative law is the study of differences and similarities between the law and legal systems of different countries. More specifically, it involves the study of the different legal systems (or "families") in existence around the world, including common law, civil law, socialist law, Canon law, Jewish Law, Islamic law, Hindu law, and Chinese ...
For example, the use of Judaism and halakha for public law has a static and unalterable quality, precluding amendment through legislative acts of government or development through judicial precedent; Christian canon law is more similar to civil law in its use of codes; and Islamic sharia law (and fiqh jurisprudence) is based on legal precedent ...
The institutions and practices of canon law paralleled the legal development of much of Europe, and consequently both modern civil law and common law [44] [45] [46] bear the influences of canon law. From the days of Ethelbert onwards [say, from the year 600], English law was under the influence of so much of Roman law as had worked itself into ...
Most of the positive and penal civil law—in contrast to canon law with civil effects—is based on the Italian code from 1889. It was outdated in many ways. This was amended in a major fashion in 2013 to include a number of United Nations Conventions the state has signed over the years, as well as bringing it up to date.
Philosophy and theology shape the concepts and self-understanding of canon law as the law of both a human organization and as a supernatural entity, since the Catholic Church believes that Jesus Christ instituted the church by direct divine command, while the fundamental theory of canon law is a meta-discipline of the "triple relationship ...
The Catholic Church utilizes the oldest continuously functioning legal system in the West, [1] much later than Roman law but predating the evolution of modern European civil law traditions. The history of Latin canon law can be divided into four periods: the jus antiquum , the jus novum , the jus novissimum and the Code of Canon Law . [ 2 ]
The institutions and practices of canon law paralleled the legal development of much of Europe, and consequently both modern civil law and common law [9] (canon law having a significant effect upon the development of the system of equity in England) [10] bear the influences of canon law. For example, discovery in common law jurisdictions came ...
It is often used by civil law jurists to refer to those aspects of the civil law system's invariant legal principles, sometimes called "the law of the land" in English law. While the ius commune was a secure point of reference in continental European legal systems, in England it was not a point of reference at all. [ 1 ] (