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What do I Think About the English Legal System

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Introduction

What do I Think About the English Legal System? Jessica Chesterman 27/09/05 The English legal system is based on Common Law as opposed to Civil Law. Common Law is a system whereby Judges apply judgment derived from experience as well as knowledge of legal precedent; a system based on customs. Whereas Civil Law, which developed out of the Roman Law of Justinian's Corpus Juris Civilis, is mainly based on written legislation, thus judgements are made on the provisions of codes and statutes; a system based on written doctrine. The English Legal System is extensive and very complicated therefore, I have decided for the purposes of this essay to discuss areas in which I have sufficient knowledge to form an opinion and conclude as a whole from these discussions. ...read more.

Middle

Religion has also played a part in what is legal and illegal and additionally results in injustice. Reforms in the law can also reflect changes in values of society as a whole e.g. the new law allowing same sex marriage in England. The law commission, set up in 1965, is obviously there to reflect the need for constant reform although change is still slow. With England's membership in the European Union and ever improving technological advances, the process of reform is too slow and does not reflect the current pace of change in England. In England some crime is punishable by loss of freedom i.e. prison. I believe that although prisons are necessary to protect society from dangerous individuals e.g. ...read more.

Conclusion

However, the fast pace of the technological revolution and membership of the European Union indicates the need for much reform. I also believe that the prison system needs far more research into education and rehabilitation as there is evidence that the system is failing. Because some of our laws may still reflect the philosophies of political parties or religions, which is a danger in a custom based legal system, there may be a need for more drastic change. The majority of countries in the European Union have legal systems based on Civil Law and so I believe English law will begin, and has already begun, to reflect some aspects of this. For that reason, perhaps England should take a leaf out of Scotland's book and try combining the two systems. Sources: www.wikepedia.org GCSE Law by Jacqueline Martin ...read more.

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