ABSTRACT

The legal systems of the world are divided into two categories: civil law and common law. The major difference between civil law and common law countries concerns the source of law relating to day-to-day legal affairs. Most of continental Europe, Latin America, the former Soviet Union, the Middle East, and former French Africa are civil law countries. By contrast, in civil law systems, the areas of law are the subject of extensive codes. Historically, civil law codes reflected a profound suspicion of judges. In place of precedent, civil law countries substitute the scholarly writing of legal academics. In addition to having different sources of law, civil law and common law countries also have different types of criminal procedure. Most modern civil law countries have their own modern codes, but the influence of legal academics remains paramount. Civil law criminal procedure is praised for viewing law as a search for the truth rather than a contest between the prosecution and defense.