ABSTRACT

For many readers, there might be some semantic confusion. The phrase civil law has a particular meaning, especially for students in the United States. In the USA, it connotes a branch of the law, distinct from criminal law, which deals with conflicts between individuals. In the USA, this branch of law includes such things as divorce, contracts, house closings, alimony payments, and estate planning, to mention a few (see Chapter 14). That is not what is referred to in this chapter. This chapter concerns a family of justice systems practiced in other countries. Other phrases that might be used when studying civil law systems are the Continental or Napoleonic systems of justice. In this chapter, the three terms will be used interchangeably when discussing civil law traditions. Like common law systems, this civil law system is a product of historical development.