Comparative criminal justice M2 D

Briefly discuss the potential advantages and disadvantages found within the Sacred, Common, Socialist, and Civil Families of Law (focus on the family of law, not each nation’s system) as seen by the accused and as seen by the populace. Which do you prefer? Why?

Post a substantive initial response of at least 250 words to this discussion assignment.

In addition to posting your initial response, you must (at a minimum) provide two substantive peer responses of at least 125 words (more is better). Let’s ensure a healthy discussion by posting on at least two different days throughout the discussion period (not all on the last two days). The best way to space your postings is to initially post at the start of the discussion period and then again a few days later.

Remember to include internet links or address to reputable sources that support your positions or add to the quality of the discussion (i.e. topical articles).

ANSWER

Comparative Criminal Justice M2 D

The four major legal families of law consist of Common Law, Sacred Law, Socialist and Civil Law. The legal families seek to develop common groups through identification of similar legal activities and practices (Dammer and Albanese, 2013). The legal families are shaped by a certain unique history, incorporates individual differences and focuses on placing legal systems into larger groups. The legal families of law help to create a sense of community and understanding between different legal systems.

Common law is developed by juries through court decisions and related tribunals. The English legal system is based on common law, which has been adopted by many other countries, including the United States (Dammer and Albanese, 2013). Common law is flexible and can be adapted to changing circumstances. It is also easy to understand and apply. However, common law can be slow to change, and it can be expensive to administer.

Sacred law is a religious law, such as Sharia law which are explicit norms that are used to control and govern certain religious cult practices. Sacred law tells people what they should believe, the external actions they should avoid and how to be behave. Sacred law is based on religious principles (Dammer and Albanese, 2013). It can be inflexible, and it may be difficult to understand and apply. However, sacred law is predictable and can be administered efficiently.

Civil law is a body of law that is codified by legislatures or other governing bodies. The French legal system is based on civil law, which has been adopted by many other countries. Civil law is efficient and predictable. It is also easy to administer. However, civil law can be inflexible, and it may be difficult to understand and apply.

Socialist law is a body of law that is based on Marxist ideology. Socialist law has been adopted by some countries, including China. Socialist law is based on Marxist ideology. It can be inflexible, and it may be difficult to understand and apply. However, socialist law is efficient and predictable.

I would prefer the common law which places an emphasis on the precedent while giving some freedom for understanding. Common law is flexible, responsive and faster since it’s based on custom rather than written laws. The main aim of common law is to offer consistent results through application of similar definition requirements. Common law is development within judgements and written opinions which allow for flexibility.

References

Dammer, H. R., & Albanese, J. S. (2013). Comparative criminal justice systems. Cengage Learning.