Legal system concepts in the areas of laws, civil law, common

law, statute law, morals, and ethics

shajiB
Introduction
• Law is a fundamental aspect of human society, serving as a framework that regulates
behavior, resolves disputes, and upholds justice.
• It encompasses a system of rules and principles, enforced by institutions, that guide and
regulate the actions of individuals, organizations, and governments within the defined
jurisdiction.
• The study and practice of law involve a diverse range of fields, including criminal law,
civil law, constitutional law, administrative law, and international law.

Origin of Law
• Laws originated because of the need to regulate what constitutes acceptable behavior.
• As civilizations developed and people began living together, it became necessary to have
codes of behavior that were commonly accepted and that could be enforced.
• The law of a society or a country can appear in many forms or have many origins.
- Religious Law- Religious Requirements
- Customary Law- Customs and Local Practices
- Law from Political and Economic Doctrines- Marxist, Socialist, Communist
- Parliament- Elected Members of the Country
- Case Law or Judge Developed Law or Common Law

Bangladesh
Bangladesh follows common law principles inherited from British colonial rule over
British India.
- Company law originates from: The Joint Stock Companies Act of 1844 and the
Companies Acts of 1857, 1913, and 1929.
- Contract law is based on: The Contract Act of 1872 and the Sale of Goods Act of
1930.
India
- In Indian legal history, multiple legal systems coexisted over time.
- Furthermore, the British justified their rule in India by emphasizing the country's
diverse legal landscape.
- This justification led to the establishment of British common law as the primary
legal system.

The Organs of the State

Organs Serving Functions Examples

Making Policies and Carrying The Prime Minister and the Ministers
The Executive
Throughout Laws of the Cabinet

The Legislature Making Laws Parliament & Members of Parliament

The Judiciary Appling & Interpreting Laws Judges & The Court System

- These three organs work together to ensure the government's accountability,

transparency, and checks and balances.
- In Bangladesh, the legislature is called the Jatiya Sangsad, which is a unicameral
parliament.
Legal Systems of World
Common Law
- Common Law’ is the name of a family of different legal systems of the world that
follow common features and traits albeit with small deviations.
- The judge normally used to create laws, the points which are not covered by
the law codes.
- The origin of Common Law is believed to have been in England and so wherever
the British Empire spread its sovereignty, the Common Law System was imposed.
Example: India, U.S.A., Canada, and Australia.

Four Common Features of Common Law

a) Authority of the judgments delivered by higher courts and tribunals:
- In a Common Law System, judgments by High Courts and the Supreme Court
hold authoritative power and must be obeyed by lower Courts and Tribunals.
- The authority of judgments of the higher courts is given the technical name ‘judicial
precedent’.
- For example, judgments of the “Supreme Court of Bangladesh” serve as binding judicial
precedents for all lower courts within its jurisdiction, aligning with the Common Law
family of legal systems.
b) Composition of judicial institutions:
- In this system, the judges are highly trained individuals with expertise in law, often
having practical experience as advocates or judges.
- This specialization ensures a higher quality of judgment, lending authority to decisions
made by experienced legal professionals.
- In Bangladesh, judges at lower courts require a law degree, while those at higher courts
need at least 10 years of legal practice.
c) The adversarial system of court proceedings, and the role of the
judge:
- In the Common Law system, court cases involve opposing sides represented by
advocates who argue strongly.
- The judge stays neutral, only considering the evidence presented by the advocates and
not trying to find the truth behind the claims.
d) The importance of acts, statutes, and other legislations passed by
competent authorities:
- The judges need to suitable additions and interpretations of statutes to fit the specific
details of each case;
• when legislation from authorities like parliament is binding, &
• when laws are seen as abstract and general.

Civil Law
In civil law legal systems,
- The primary source of law is the law codes,
- A systematic collection of interrelated articles,
- Arranged by subject matter in some pre-specified order.
Codes explain the principles of law, rights, and entitlements, and how basic legal
mechanisms work.
In this system, the judges are bound to follow the set of codified principles.
The purpose of codification is to provide all citizens with manners and a written collection
of the laws which apply to them.

Four Common Features of Civil Law

1. Importance of Acts, Statutes passed by Competent Legislature:
- Acts passed by the parliament or competent authorities.
- The Parliament's job is to gather various rules and update them to fit modern
times, turning them into Acts. This process is called the 'Codification of Rules’.
2. Composition of judiciary:
- In the Continental Legal/ Civil Law System, judges come from various
backgrounds.
- Anyone with specialized knowledge in a particular field, like engineering,
medicine, or science, can become a judge.
- For example, in Bangladesh, sometimes courts appoint technical experts to help
them understand complex technical issues involved in a case.
3. Power of the judges to make law:
- Judges in the ‘Continental Legal System’ do not make laws.
 - They only apply the laws made by the legislature.
4. Inquisitorial approach to the court proceedings:
- In this system, judges can also take an investigative approach called
'inquisitorial’, instead of being referees.
- If the evidence presented by the lawyers seems incomplete, judges can even visit
the crime scene to collect more evidence themselves.

Common Law Vs. Civil Law

Description Common Law Civil Law

Origin England Ancient Rome

Based on Judicial decisions Codified systems

Role of Judges Act as referee Inquisitorial

Less central than common
Role of Lawyers More central than civil law
law
Nature More flexible Emphasize on legal codes

Canon Law
Canon law is the body of laws and regulations made or adopted by ecclesiastical
authority, for the government of the Christian organization and its members.
Canon law is derived both from;
- Divine Sources: Bible and other written ecclesiastic rules
- Human Sources: Writings of church fathers and decisions of ecumenical council
Canon law is distinct from civil law and is concerned with the organization, governance,
and discipline of the Church, as well as matters of faith and morals.
It covers topics such as:
- Ecclesiastical laws
- The ecclesiastical organizations
- The constitution of the church
- Relations between the church and other bodies
- Matters of internal discipline.
Customary Law
- Also known as custom legal system or traditional law system.
- It is a body of unwritten laws or practices that have developed within a particular
community or society over time.
- It is based on traditional norms, customs, and practices rather than formal written
statutes or legislation.
- Customary law governs various aspects of social life, including marriage, property
rights, inheritance, dispute resolution, and governance within the community.

Examples:
- In Bangladesh, many indigenous groups (Chittagong Hill) have been practicing
their own customary laws since generations. They have their own customs which
regulate their social disputes.
- In India, people marry according to the custom of that area or religion but the law
in India does not say you have to marry according to the particular custom of that
culture or religion. The law says one can marry whoever one likes as long as both
parties have consent in the marriage.
- The government has also given recognition to customs when it comes to property
disputes. When a property needs to be divided among the family and the family is
a strict follower of the religion, Hindu religion or Muslim religion. Then, they may
use the Hindu succession act or the Muslim succession act to divide the property
according to the customs.

Customary Law
Characteristics of Customary Law:
- It is rooted in a specific community's practices, values, and norms.
- It is enforced through social pressure and community consensus.
- It is flexible and adaptable to changing circumstances and needs within the
community.
- It often operates informally, with dispute resolution mechanisms such as mediation,
negotiation, or community elders' councils rather than formal courts and legal
procedures.
Statute Law
Statute law, also known as statutory law or legislation, refers to written laws enacted by
a legislative body at the national, regional, or local level.
These laws are formally written down and codified.
Statutes are different from:
- Common/Case law: or precedent, which is decided by courts
- Regulations: issued by government agencies
- Oral or customary law
Statutes can cover a wide range of areas, including social, economic, and political issues.
Some examples of statutory codes include; Civil codes, Criminal codes, and Welfare
codes.
While civil law specifically deals with private disputes between individuals or
organizations within a legal system that relies on codified laws and legal codes, Statute
law is not limited to private disputes between individuals or organizations; rather, it
governs various aspects of public and private life within a jurisdiction.
Common Classifications of Law

Morals
Morals refer to the principles or beliefs about what is right or wrong, good or bad, that
are held by an individual or a group.
Morals guide individual behavior and decision-making, influencing how people interact
with others and navigate moral dilemmas.
Morals are often deeply ingrained and influenced by cultural, religious, or personal beliefs,
and they shape an individual's ethical code and sense of morality.
Its principles include honesty, integrity, fairness, compassion, and respect for others.
Morals are subjective and can vary widely among different cultures, societies, and
individuals.
Example:
- A journalist may amplify a little to create a more sensation story.
- These principles are not written in legal guidelines but are subject to one’s own gut
feelings about what is good or bad.
- And, of course, most decisions are not captured in a code of conduct but ask for
people’s personal cultural norms for dealing with issues.
Ethics
- Ethics refers to the branch of philosophy that deals with questions of right and
wrong, good and bad, moral duty, and moral obligations.
- They are governed by professional and legal guidelines within a particular time
and place.
- Ethics is the systematic study of moral principles, values, and norms that guide
human conduct and behavior within a particular context.
- It seeks to promote moral conduct and create a framework for living a virtuous and
morally responsible life.
- A concrete example of ethics or codes of conduct is workplaces.
- Lawyers, policemen, doctors, and engineers all have to follow an ethical code laid
down by their profession, regardless of their own feelings or preferences.
Example:
- In a specific communication setting, we can say that “The Society of Professional
Journalists Code of Ethics” is a very good example.
- In this code several principles of ethical journalism are included, with instructions
on how to behave as an objective, transparent, and reliable journalist.
- In this code of ethics, we find principles such as seeking truth and reporting it
and minimizing harm to sources, subjects, and members of the public.

Ethics Vs. Morals

Code of Ethics for Engineers

Public Safety and Welfare: Minimize risks to life, property, and environment
Professional Integrity: Duties with honesty, integrity, and impartiality
Competence: Continuing education and professional development
Environmental Responsibility: Sustainable development practices,
conserving resources, and mitigating adverse environmental effects
Ethical Conduct: Property rights of others, maintaining confidentiality, and avoiding
deceptive practices
Professional Responsibility: Duty to inform clients, employers, and other stakeholders
about the potential risks and limitations of their work.

Code of Ethics for Engineers

Ethical Considerations in Legal Decision-Making

Justice: Legal professionals are required to ensure that justice is served in every case.
They must ensure the rights of all parties involved are respected, and that the law is
applied fairly.
Integrity: Legal professionals must maintain their integrity and uphold ethical standards
in their profession. They must act in the best interest of their clients while ensuring that
they do not compromise their ethical principles.
Confidentiality: Legal professionals must maintain confidentiality in their dealings
with their clients. They must ensure that the information shared with them is kept
confidential and not shared with anyone else without the client's consent.
Respect: Legal professionals must show respect to all parties involved in legal cases,
including their clients, judges, and opposing counsel. They must ensure that they do not
engage in any behavior that may be disrespectful or offensive.

Examples of How Ethical Considerations have Influenced Legal

Decisions
Brown vs. Board of Education (1954):
- One of the most significant examples of how ethical considerations have influenced
legal decisions is the case of Brown vs. Board of Education.
- This case involved a group of African American students who were denied
admission to a school because of their race.
- The Supreme Court ruled that segregation in public schools was unconstitutional
because it violated the Equal Protection Clause of the 14th Amendment.
- The court's decision was influenced by ethical considerations, as it recognized that
this segregation was morally wrong and had a negative impact on the education
and development of African American students.

Roe vs. Wade (1973):

- Another example of how ethical considerations have influenced legal decisions is
the case of Roe vs. Wade.
- This case involved a woman who wanted to terminate her pregnancy, but was unable
to do so because of a Texas law that prohibited abortion except in cases where the
mother's life was at risk.
- The Supreme Court ruled that the Texas law was unconstitutional because it violated
a woman's right to privacy.
- The court's decision was influenced by ethical considerations, as it recognized that
a woman should have the right to make decisions about her own body and
reproductive health.