Legal theory

civil law (legal system)

Civil law is a way of running a country's justice that puts its trust in the written book. The whole law is gathered into big, organized codes — a civil code, a criminal code, a commercial code — that try to spell out the rules in advance, so a judge mostly reads the code and applies it to the case in front of her. Picture a recipe book where the master cook has already written down every dish: the kitchen staff follow the recipes rather than inventing each meal from scratch.

This matters because it shapes who really makes the law. In a civil-law country the lawmakers in parliament are the chefs who write the recipes; judges are the cooks who carry them out. The law is meant to be there in black and white, knowable by anyone who opens the code — which is one reason this style spread so widely. Most of the world lives under it: France, Germany, Japan, Brazil, South Korea, and dozens more. China is often added too, though in a civil-law-influenced form: its codes are built in this Germanic style, but it is usually filed under its own socialist-law heading rather than counted as a textbook example.

A common mix-up is to think civil law means "lawsuits between private people" (as opposed to criminal cases). That is a different meaning of the same words. Here, "civil law" names a whole family of legal systems — the great alternative to the common-law tradition of England and the United States, where past court decisions, not a master code, do most of the heavy lifting.

The tradition traces back to ancient Rome, especially Emperor Justinian's sixth-century Corpus Juris Civilis ("body of civil law"), which gave the family both its name and its love of orderly codes. Napoleon's Civil Code of 1804 modernized the idea and carried it across Europe and, through colonization, around the globe.

Also called
Continental lawRoman law traditionRomano-Germanic lawcodified law成文法系羅馬法系