According to Aristotle, the law is a collection of regulations that does not only bind the community but also the judge. The law is something different from the form and content of the constitution. Because of this position, the law oversees judges in carrying out their positions in punishing those who are guilty. Speaking of law, there are several types of laws in the world that you might need to know about.
In ancient times the law already existed in the world but not like the existing law in modern times like today, as for the various types of law, namely:
In a number of regions in Africa, Australia, Brazil, and other places still used illiterate law, in general, the form is not primitive, but because it has undergone a long evolution, eventually it still adheres to primitive principles.
Traditional law based on religion or philosophical ethics
The legal system can still be found at this time and has fundamental elements obtained from religious or philosophical sources. The basis of this traditional legal system is influenced by modern legal systems originating from Europe. It is caused by the existence of colonization. these are:
- Hindu law, is the religious law of the Hindu community that embraces the flow of Brahmanism or Hinduism with the Vedic scriptures. In India, Hindu law still applies even though it was previously ruled by Muslims or during the British Colonization. Since India became independent in 1947, then the law was adapted to European law, in particular, the English common law.
- Traditional Chinese law, which is a law that relies on the unification of justice as the boundary of obedience in society called li, then the tougher law used for lower class society is called fa.
- Islamic law, which is religious law, consists of rules derived from the Holy Qur’an, the law of God which binds every individual to all Muslims.
Modern legal system
The modern legal system is a legal system that comes out of European cultural traditions. It is the continental legal system, the Romanistic-Germanistic legal system and the Byzantine legal tradition and the Anglo American legal system, called Common law.
Continental European legal system
The European continental legal system, Romanistic-Germanistic is a mixture of elements of Roman and Germanic law. The influence of Germania originated in Rome and Germany. Until modern science, the British was familiar with the name of Civil law. Because it had the influence of Roman law, Corpus Juris Civilis which was introduced by Justinian. It is different from their own law, known as the Common law.
European countries, which are federations of the Republic of Germany. Including Poland, Hungary, the Czech Republic, Slovakia, Slovenia, Croatia in 1990 joined the German Republic. They embrace the socialist legal system, but after the fall of the communist regime, they returned to the Romanistic-Gemanistis legal system.
Romanistic-Germanistic had previously spread through colonization. Such as Spain and Portuguese laws in Latin America, French Law in Belgium, Portugal, Africa, the United States, Canada, Dutch Law in Indonesia, Suriname. Then, the Byzantine legal tradition was found in southern Europe, southern Slavia, Romania, Bulgaria, and Greece.
Common law system
It is a law developed in England since the end of the Middle Ages. Namely the XIII – XVI centuries of justice in this case court judgments. Common law is known as Judge made law. Meaning is a legal system that does not rely on the rule of law made by the makers of the Act, but to the judge when examining a case or legal case.
The history of the common law system is Roman law, Germania law, and customary law in the middle ages. The spread of the common law system is generally used in the former British colonization region. These countries including Ireland, the United States, Canada, Australia, New Zealand, Myanmar, and others.
Ancient Greek law was the most important historical source of modern legal order in Europe. Although the Greeks were not great jurists, they did not have the Laws and did not leave law books and legal teachings. They paid great attention to what known as political science.
Greek philosophers such as Plato and Aristotle built the ideal state order. Their writing is still the starting point of today’s Political Science. And its existence is increasingly important. In some city-states such as Athens, the first democratic institutions have been formed in the world.