Origins Civil Law

The majority of the nations in the world today either follow civil law or common law as their general framework for a legal system. Most nations today follow one of two major legal traditions: common law or civil law. The origins of common law lie in the middle ages of England, where it came to exist. It was subsequently applied in the colonies of the British Empire. Civil law also originated in Europe. Its origins belong to countries of continental Europe, mainly Spain and Portugal. The colonial nations then spread the system in their respective colonies. Civil law came to be accepted and practiced in many countries which had formerly had distinct legal systems and procedural paradigms. Countries like Russia and Japan, sought to improve their political strength by adopting the civil law system in the nineteenth and twentieth century. This was done to bring them closer to the Western-European nations with respect to economic and political power. Despite the two forms of law which are most popularly practiced in the world today developing in close proximity to each other, there are many salient differences between them. Out of these, one of the most significant ones is that common law is based upon the decisions of the judiciary while civil law is based upon the legislative decisions pertaining to the legal system. The American legal system is based on common law and so civil law can very easily be confusing for them.

Common Law

Generally practiced in an uncodified format, common law bases its foundations on the decisions made by previous judges in similar situations. Therefore there is no comprehensive compilation of legal rules and statutes. While it can be said that there are some statutes or legislative decisions that the system functions on the basis of, for the most part, it is the precedents that hold the most sway in terms of decisions making. All cases are collected and recorded in yearbook or yearly reports. The relevant precedents for each case are decided upon by the judges. Hence, they play a significant role in the development of the law.

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The Australian Constitution, particularly its language, has been frequently cited for legal authenticity and relevance. It comes as no surprise, therefore, that many law students aspire to do their graduation and post-graduation for there. Many top notch law firms also seek regular consultations from the country’s legal practitioners. The law assignment help initiative of the Locus R.A.G.S group attempts to bring the same provision to individuals all across the globe. As one of the few reputable online law assignment help service providers, our law assignment help Australia team of experts has been supplying an international clientele of students, professionals and enthusiasts with practical and academic solutions for close to a decade and are well known for providing articulate and lucid law assignment solutions.

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Economic Analysis of Law was first recognized as a field of interdisciplinary scholarship in 1993, and involves application of economic principles to analyze the economic effects of laws and determine their economic feasibility. As a field of study, economic analysis of law is categorized into two subdivisions:

  • Positive: Involving the economic analysis of the effects of legal rules and policies
  • Normative: Involving the identification of economic effects of legal rules and policies, along with strategic recommendations for further improvement.

Economic analysis of laws is based on the concept of economic efficiency. The most common method of determining economic efficiency is the Pareto efficiency, according to which, a law is economically efficient if it cannot be changed without favoring one person over another.

Origins and Civil Law
Origins Civil Law

Not only is economics applied to the legal system, but its study is also prevalent in legal education. Many law scholars and faculties in major law colleges and universities of North America, Europe and Asia; have a graduate degree in economics. Conversely, many professional economists have been studying and writing on common laws and legal systems.

Economic analysis of law has also received criticism from a number of scholars from law fields. Particularly, the normative aspect of economic analysis has been criticized as an inadequate basis of jurisprudence, as it does not take into consideration the importance of human rights and distributive justice.

Over the recent years, economic analysis of law has further evolved to include the application of other aspects of economics, for example: game theory, statistics, econometrics, etc.  Some of the top universities and programs offering law and economics as a field of study include:

  • University of Chicago Law School
  • George Mason University School of Law
  • Vanderbilt University Law School
  • University of Leicester
  • University of St. Gallen
  • UTS Sydney
  • University of Connecticut
  • UC San Diego
  • University of Wisconsin – Madison
  • European Master Program in Law and Economics (EMLE)

Origins Civil Law

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Labour law or employment law is the branch of law concerned with the rights and obligations of employers and employees, with the broad aim of regulating the relations between workers, employers and trade unions at the work place and preventing the exploitation of workers. It encompasses within its ambit regulation of industrial relations like prevention of unfair labour practices, health and security of employees and their working conditions like providing minimum wages, reasonable working hours and regulating procedures for closure of industries and retrenchment and lay-off of workers. Labour law significantly makes provisions for greater participation of workers in the management of industries and provides platforms for them to negotiate with their employers. It also makes provisions for creation of institutions for dispute resolution that are sensitive to the unique nature of such disputes. Among other objectives, this branch of law seeks to secure higher levels of employment, improved working conditions, raising the standard of living of workers and providing social and economic security to them.

Social and economic development of a nation is significantly impacted by labour laws for these laws affect the rights of a group that can change the face of the industrial scenario of a nation. It is a vast area of law covering every aspect of relations between employers, employees and unions and the rights of employees at the workplace- from the contract of employment to prevention of discrimination and from legitimacy of trade unions to the extent of their participation in the various affairs at the work place.

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