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TYPES OF LAW

The three Types of Law


Catia Alexandra Alves Santana
CCJ 1020 Introduction to Criminal Justice
Steve Bredeson
Everest College
October 22, 2014

TYPES OF LAW

2
The three Types of Law

What is law and why do we need it? Law is the system of rules that a particular country
or community recognize as regulating the actions of its members and may enforce by the
imposition of penalties. (Bredeson, 2014)We need them to keep order, peace and justice.
What are the three types of laws? There are three types of laws called the Common Law,
The Napoleon Law and the Sharia Law. Common law is created by judges. In common Law the
principle that it is unfair to treat similar facts differently on different occasions is of great
significance. When there are cases where both parties disagree on what to do, a common law
court will follow the reasoning used in the prior decision. However, if the court finds that the
current dispute is very different from previous cases such as first time offenders, judges have the
authority and duty to make law which will be used in future decisions and courts. Common Law
originated in England and is used in the United States, Canada, Malaysia, Singapore, Pakistan
and more. (2013)
On the other hand there is the Napoleonic Law which predominates in Europe and also in
Louisiana. Napoleonic law consists on comprehensive updated legal codes with specific matters,
procedures and punishments for each offence. The judges dont have as much authority as
legislators and legal scholars who draft and interpret the codes. The judges role is to establish
the facts of the case and apply the requirements for the applicable code. Although they make
decisions on the case and often bring the formal charges, they work within a framework
established by a comprehensive, codified set of laws. (various, n.d.)

TYPES OF LAW

Finally there is the Sharia Law which is the law of Islam. This Law is the most invasive
and strict, especially against women. The Sharia Law consists of amputation, death, early age
marriage, men being allowed to have multiple wives (up to 4) and women can only have one
husband. Men also being allowed to beat their wives. These are only a few examples of
punishments and rules used by this Law. It is fully enforced in Saudi Arabia but also, in some
parts, is used in Afghanistan, Bangladesh, Egypt and more. (unknown, 2014)
In conclusion with Common Law system you are innocent until proven guilty
(Bredeson, 2014) we are treated equally and have the same rights where with Napoleonic Law it
seems that we are guilty until proven innocent (Bredeson, 2014). There is also a higher chance
of self-incrimination since we are obligated to testify. Sharia Law is mostly based on religion and
seems like it focuses a lot on women not having the same protection and rights as men. It is to
my understanding that both Common and Napoleonic Law have few but significant differences
and Sharia Law distinguishes itself from the other two in a great manner. Im glad we do not
support this Law in our Country, because I feel it is just plain wrong! Laws are meant to keep
order and peace not fear. (Bredeson, 2014)

TYPES OF LAW

References
(2013). Retrieved from http://common.laws.com/common-law-system
Bredeson, s. s. (2014, October). Intro to Criminal Justice.
unknown. (2014). Billion Bibles.com. Retrieved from http://www.billionbibles.org/sharia/sharialaw.html
various. (n.d.). The Robbins Collection. Retrieved from
http://www.law.berkeley.edu/library/robbins/CommonLawCivilLawTraditions.html

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