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civil law Quick reference
A Dictionary of Law (10 ed.)
... law 1. The law of any particular state, now usually called municipal law . 2. Roman law. 3. A legal system based on Roman law, as distinct from the English system of common law . 4. Private law , as opposed to public law , military law, and ecclesiastical law...
civil law Quick reference
A Dictionary of Law Enforcement (2 ed.)
... law 1 The law of any particular state, now usually called municipal law . 2 Roman law. 3 A legal system based on Roman law, as distinct from the English system of common law . 4 Private law , as opposed to public law , military law, and ecclesiastical law...
civil law Reference library
The Oxford Guide to the United States Government
... law Within the legal system of the United States, civil law is a body of law pertaining to noncriminal private disputes among individuals, corporations, and governments. Thus, civil law is distinguished from criminal law, which deals with the enforcement of the laws against those accused of violating them. In a civil action, one private party takes legal action against another private party to seek relief in a court of law for an alleged wrong. See also Criminal ...
civil law Quick reference
A Dictionary of British History (3 ed.)
... law The term has two meanings: 1. It is used as synonymous with Roman law, which was accepted in most of the countries of Europe. With the fall of the Roman empire, the Roman or civil law which survived was heavily influenced by custom. Thus Roman law came to have two aspects—the pure classical Roman law and the bastardized Roman customary law which applied in the many barbarian and post‐barbarian societies of western Europe. English law was undoubtedly influenced by civil law, though it never ‘received’ or adopted Roman law. There was little evidence of...
civil law Quick reference
World Encyclopedia
... law Legal system derived from Roman law . It is different from common law , the system generally adhered to in England and other English-speaking countries. Civil law is based on a system of codes, the most famous of which is the Code Napoléon ( 1804 ), and decisions are precisely worked out from general basic principles a priori . Thus the civil law judge follows the evidence and is bound by the conditions of the written law and not by previous judicial interpretation. Civil law influences common law in jurisprudence and in admiralty, testamentary and...
civil law Reference library
Dictionary of the Social Sciences
... law Broadly, law that defines relations between citizens, as opposed to criminal law, which concerns relations between citizens and the state. In English, the concept derives from the French droit civil or the German Zivilrecht . It also describes the codified legal systems that were derived from Roman law and used in most of continental Europe, as opposed to the common law systems of the English-speaking world or other systems of law, such as shari'a , the religious law used in much of the Islamic...
civil law Quick reference
A Dictionary of Business and Management (6 ed.)
... law 1. The law applied by the civil courts in the UK, as opposed to ecclesiastical, criminal, or military law. It is, thus, the law that regulates dealings between private citizens that are not subject to interference by the state. Its chief divisions include the law of contract, torts, and trusts. 2. The law generally in force on the Continent, which has its basis in Roman law...
Civil Law Reference library
George Dargo
The Oxford Companion to the Supreme Court of the United States (2 ed.)
... Law has two distinct meanings. As used within the American legal system, “civil law” is noncriminal law such as the law of property, commercial law, administrative law, and the rules governing procedure in civil cases. But “civil law” also refers to a body of law distinct from common law , and that is the sense of the term that is treated here. Civil law is the legal tradition that derives from Roman law . The civil‐law tradition developed on the continent of Europe and spread throughout the world as a byproduct of the European expansion that took place...
civil law Reference library
The Oxford Dictionary of the Renaissance
...iuris canonici . In popular usage the term ‘civil law’ referred to the law applicable to ordinary individual citizens, as opposed to the law for clergy or the Law Merchant or maritime law . The collapse of the Roman Empire in the west meant that for centuries European law was Germanic customary law . The Roman origins of canon law ensured that Roman law never disappeared altogether, and in eleventh-century Italy Roman civil law was rediscovered. The study of Roman law spread across Europe, and eventually Roman law was incorporated into the legal systems of...
CIVIL LAW Reference library
The Oxford Dictionary of the Jewish Religion (2 ed.)
...litigants can choose to go to rabbinic instead of secular courts in civil suits. In modern Israel, the field of civil law has been greatly transformed by the reinvigorated study of those areas of Jewish law that correspond to modern civil law in the rubric of mishpat ʿIvri , as Jewish civil law is now called. It is hoped that mishpat ʿIvri will address the many modern problems of commerce and life by incorporating Jewish law into modern Israeli civil law (for example, in the areas of civil procedure or the return of lost property). This has met, however,...
civil law Reference library
Maureen Mulholland
The Oxford Companion to British History (2 ed.)
...English law through the conciliar courts, including the courts of Chancery and Admiralty , and although later lawyers looked to Bracton and Britton for guidance and inspiration, civil law was never a serious threat to the common law in England. However, both through the canon law and through the interest of common law judges in civil law from time to time, Romanist ideas have been an undoubted if minor influence on the substantive law of England and Wales. 2. The other meaning of civil law is as distinct from criminal—i.e. the law relating to...
Civil Law Reference library
George P. Fletcher
The Oxford Encyclopedia of the Bible and Law
...themselves in the civil law tradition. Defining exactly what the differences are between common law and civil law is a challenging task because there are many misleading academic opinions published in this area. The most typical of these is that common law is case law while civil law is codified law. This is a popular misconception that does not adequately delineate the difference between common law and civil law. In fact, all legal systems today are based on a mixture of three sources of law: legislation (including regulations), case law, and professional...
Law, Civil Reference library
Alexander Kazhdan
The Oxford Dictionary of Byzantium
..., Civil the totality of the laws and rules of the empire; it comprised private law (the law of persons, things, succession, obligations) as well as criminal law and public law . Justinian I ( Institutes 1:2.1) distinguishes jus civile , as a system of laws established in a particular state, from the jus naturale that is common for all mankind; the idea of natural law was not disregarded by the Byz., but their major categories were civil law and canon law . The foundation of Byz. civil law was the Justinianic Corpus Juris Civilis , which summarized...
Civil Law Reference library
The Oxford International Encyclopedia of Legal History
... Law . [ This entry contains two subentries, on civil law in medieval and post-medieval Roman law and in the colonial United States. ] Medieval and Post-Medieval Roman Law As a concept in legal history, civil law designates not only the tradition of Roman law as it is distinguished from common law in Anglo-American legal systems, but also generally the ius commune Europeum (European common law) that from the high Middle Ages spread across middle and western Europe and to those overseas territories in Europe's spheres of influence. The Character of Civil ...
civil law Reference library
Australian Law Dictionary (3 ed.)
...civil law (1) The general law applicable to all citizens, by contrast with criminal law (in the same sense as a civil proceeding is contrasted with a criminal proceeding). (2) The codified system of law that applies in European countries, by contrast with the common law countries (the UK and its former colonies). See also napoleonic code...
Law, Civil Reference library
Itai SNEH
Berkshire Encyclopedia of World History (2 ed.)
...Law, Civil What began as Roman law, ius civile (“citizens’ law”), became an imperial, continental, and then a global organizing principle. Roman law started as a set of binding rules that aimed to ensure harmony and facilitate commerce by confronting challenges, accommodating change, creating institutions, embracing legal concepts, and enshrining oral customs in a written format. Civil law did not usually apply to slaves. The goal was to fully regulate the lives and relations of citizens. Civil law had diverse, incremental sources. Composed of statutes,...
civil law systems Reference library
The New Oxford Companion to Law
...the inclusion of the Nordic family in the civil law tradition can be justified by the fact that throughout the nineteenth and twentieth centuries, German legal thinking exerted a strong influence in Scandinavia. Despite the diversity of civil law systems, there are a number of characteristic features setting them apart from the non‐Western traditions, such as Islamic law , Hindu law , Chinese law , Japanese law and many other legal systems in Africa and Asia which are largely based on customary law. All civil law systems are secular and capitalist. They...
Quebec civil law Reference library
Jean-Philippe Garneau
The Oxford Companion to Canadian History
...civil law is distinguished by its form (codification), but also by its content, which originated in old French law. The legacy of French colonization in North America, civil law gained its Québécois character through four centuries of history. Because the pioneers of New France brought their law with them, the history of civil law could begin with the colony itself ( 1608 ). But it was in 1664 that King Louis XIV chose one of 300 different ‘customs’, the Coutume de Paris, to be the common law of his subjects in America. The 362 articles of this text, drawn...
Civil Law in America Reference library
The Oxford Companion to American Law
... Law in America . English Common Law. The two principal legal traditions in the contemporary world—the civil law and the common law —derive from European history. Conventional wisdom states that those countries that trace their legal system to their colonial experience with England, including the United States, have the common law. This overgeneralization hides important civil law influences on American legal history. The common law became distinct from the historical roots of civil law beginning in the thirteenth century, when England succeeded in...
negligence in civil law Reference library
The New Oxford Companion to Law
...in civil law For present purposes, civil law is contrasted with criminal law. In civil law, the term ‘negligence’ is used in two main senses. One sense, specific to tort law , refers to the ‘tort of negligence’. The other sense refers to conduct of a certain quality—ie ‘negligent conduct’. Negligence as a tort Saying that negligence is ‘a tort’ means that it provides a basis on which a person can make a ‘tort claim’ against another and on which the other can be held liable ‘in tort’. Understood in this way, a tort is a set of rules and principles that...
