In discussing the difference of the common and civil law, it is important to understand why there is a variation and its effects on he existing and the existed system used in Roman law as it influenced many of the laws once used in different parts of Europe. It is important to see that such changes in the existing law contributed to the wide variety of different laws influenced by the introduction of the concepts used in Roman law.
Therefore, in analyzing this, a perspective on different scenes and issues that contributed, as well as the self serving bias of accepting that it is not invented by the original proponents of such but rather is a modification of some existing guidelines that was used by other is certain part of the land that they see fit in application in their own land. Civil law gave importance to the result of the issue. What is damage done?
What are the provisions of the law that give this damage explanations and actions to be done for the said issue? Then, they thoroughly analyze if the actions done and the result satisfied the requirement for it to be considered. Whereas, in the common law, they look up at the previous decisions made by the court and use this as a basis for their decision. So, in the English court, as it used the same system as the common law, the lawyers look back at the precedent then and use this to analyze the cases being presented to them.
On this way, they find a way of determining the proper penalty and ensured the fairness and transparency of their provisions in the law for it based the decisions on not only the result but the over-all effect and implications of an issue. But the thing is, English law is not only a modification of common law because it is an integrated law based from other laws such as canonic law or church law. when it began to implement, they mostly based their decisions as part of the decision of the church or the cosmic intervention for the issue.
This had brought them the idea of having a king based on the divine fate that was set upon by the maker of the world. So, in connection with this, they believe that the king is the representative of the Gods and he is the one who should have the power to protect and to guide the kingdom from any problem or destruction. Therefore, it is also a part of their law to base it from the words of the king itself as they see him as the most powerful mortal in the world. A manifestation of this is the sudden division of English law from the church when King Henry VIII tried to divorce his wife.
The church law forbids anyone who do this because of its conservative teachings and therefore, against the will of God. But, instead of putting penalty to the king which incurred a great sin to be considered, the decision was to break up with the catholic teachings and have their own based on what is convenient for each one of them. One of the points considered as they claim that England’s law is due to their separation physically and culturally from any other culture. They developed many kinds of system that is original to them.
This is quite true because there is a decreased influence of the laws of Romans and French but there is still a fact that the foundation of their law is due to the big influence of the said laws. To any countries or societies existed in the world, most of the societal structure gave importance to the ruler class or sometimes called the capitalist. At the first place, they had the most influential power in the society that most of the time says what is the most important for the welfare of their businesses. The countries protected hem because of their benefits to them as they are the one who give wealth for the societies.
That is why, it has been evident to some countries having lighter provisions and sometimes biased because of their say and influence in the society where they can have the utmost control even in the regulation of the government itself. Basing from the historical accounts that we have, if we were to look back to the influences to the laws that was made and being implemented in different European countries especially Germany and Italy, we can see that there is really a drive from the business community to say what should be implemented for the betterment of the society, where in fact, for the betterment of their own personal gains.