The origin of civil law is from Roman republic. In earlier periods it was a body of jurists separated from the courts of law . Usually the advisors of the litigation were the upper class of the community. The common law attributes its origin in the era of Henry II as there was no use of practice before that. Later, the scholars and experts of Roman republic brought the law in to the Britain. In early times only Cannon and Roman law were taught in Oxford and Cambridge which was considered as unsatisfactory in various fields.
After this period the legal system witnessed some apparent changes and expansions in jurists’ trial to the civil cases, application of precedents etc. These changes were adopted by various countries which laid down a base for the current law. Civil law is considered as the prominent in the legal tradition of the various countries. Among them, the Europe, Asia and Africa and all central and south parts of America are important places.
These countries have witnessed many trained and well versed persons in the civil law justice in recent times. The speakers of the civil law argue that the civil law system is more widely distributed than the common law; moreover it is more influential also. The judges and the lawyers and other legal personals are always very keen to explore the various field of the civil law as it plays its prominent and dominant part in the current legal system (1).
It is to be noted that the importance of Common law is also indispensable. Supreme Court of both England and US has added ——————————————————————————————————– 1. James G. Apple and Robert P. Deyling, A primer on the civil law system, Fedral Judicial center, 2 many principles and rules of common law with it’s the power of review the constitutionality.
The common law always follows an adversial legal tradition where as the civil law follows the inquisitional tradition. Moreover the interpreting the law is the part of the civil law, it generally follows the predetermined rules. Since both the civil law and common law are playing a crucial role in the current legal system, a comparison of these two aspects may be challenging. Now we shall scrutinize the perspectives of these legal systems in present period with reference to the German law.