Arguing that common law is superior to civil law involves highlighting aspects where the common law system may offer distinct advantages. This comparison often revolves around the flexibility, adaptability, and the role of judicial precedent within common law jurisdictions. Here are several reasons why some may consider common law to be better than civil law.
Flexibility and Adaptability
One of the hallmark strengths of the common law system is its inherent flexibility, allowing it to adapt more swiftly to changes in society, technology, and the economy. Since common law evolves through judicial decisions, courts can respond to new scenarios without the need for legislative intervention. This means that common law can adjust to new challenges and situations more rapidly than civil law systems, which rely on a legislative body to enact or amend statutory laws.
Detailed Jurisprudence
The common law system's reliance on case law creates a rich body of jurisprudence that offers detailed guidance on how laws are applied in specific situations. This can lead to a deeper understanding of legal principles as they are applied in practice, providing a level of specificity and nuance that broad statutory provisions may lack. Judges in common law systems have the opportunity to develop and refine legal doctrines over time, contributing to a sophisticated and comprehensive legal framework.
Precedent and Predictability
While it might seem paradoxical, the flexibility of the common law system does not necessarily come at the expense of predictability. The doctrine of stare decisis, or the principle of adhering to precedents, ensures that similar cases are decided in a consistent manner, offering a degree of predictability for individuals and businesses. This consistency aids in the planning of legal and commercial strategies, as parties can often anticipate the likely outcome of disputes based on existing case law.
Judicial Expertise and Innovation
Common law judges play a pivotal role in shaping the law, allowing for a form of legal development that can be more responsive to the expertise and insights of the judiciary. This can foster innovation within the legal system, as judges apply and reinterpret legal principles to address novel issues. The dynamic nature of judicial decision-making in common law systems can lead to more creative and effective legal solutions.
Protection of Rights
Common law systems have been praised for their role in developing and protecting individual rights and freedoms. Through landmark judicial decisions, common law courts have often been at the forefront of expanding civil liberties and human rights, providing a mechanism for legal evolution that can outpace legislative processes in civil law systems.
Responsiveness to Community Standards
Because common law is based on judicial decisions that consider the specific circumstances of each case, it can be more closely aligned with current community standards and values. Judges can take into account societal changes and sentiments when making their rulings, allowing the law to more accurately reflect the contemporary social landscape.
Nevertheless, it is important to recognise that these advantages are not absolute and can vary significantly depending on the specific legal, social, and economic context of a jurisdiction. The effectiveness of a legal system also depends on the quality of its judiciary, the accessibility of its legal processes, and the degree to which it serves the needs and values of its society.
