Civil law (or civilian law) is a legal system originating in Western Europe, intellectualized within the framework of late Roman law, and whose most prevalent feature is that its core principles are codified into a referable system which serves as the primary source of law. This can be contrasted with common law systems whose intellectual framework comes from judge-made decisional law which gives precedential authority to prior court decisions on the principle that it is unfair to treat similar facts differently on different occasions (doctrine of judicial precedent).
Historically, it is the group of legal ideas and systems ultimately derived from the Code of Justinian, but heavily overlaid by Germanic, canon-law, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legislative positivism.
Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules. It holds case law to be secondary and subordinate to statutory law, and the court system is usually inquisitorial, unbound by precedent, and composed of specially trained judicial officers with a limited authority to interpret law. Juries separate from the judges are not used, although in some cases, benches may be sat by lay judges alongside legally-trained career judges.
The Law is a system of rules and guidelines which are enforced through social institutions to govern behavior. Laws are made by governments, specifically by their legislatures. The formation of laws themselves may be influenced by a constitution (written or unwritten) and the rights encoded therein. The law shapes politics, economics and society in countless ways and serves as a social mediator of relations between people.
A general distinction can be made between civil law jurisdictions (including Canon and Socialist law), in which the legislature or other central body codifies and consolidates their laws and common law systems (including Sharia), where judge-made binding precedents are accepted. In some countries, religion may inform the law; for example, in jurisdictions that practice Islamic law, Jewish law or Canon law.
The adjudication of the law is generally divided into two main areas. Criminal law deals with conduct that is designated dishonest by the government and in which the guilty party may be imprisioned or fined. Civil law (not to be confused with civil law jurisdictions above) deals with disputes between individuals or organizations, in which compensation may be awarded to the wronged litigant.
The legal systems of the world today are generally based on one of three basic systems: civil law, common law, and religious law – or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations.
Civil law is the most widespread system of law around the world.[citation needed] It is also sometimes known as Continental European law. The central source of law that is recognized as authoritative are codifications in a constitution or statute passed by legislature, to amend a code.
While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems mainly derive from the Roman Empire, and more particularly, the Corpus Juris Civilis issued by the Emperor Justinian ca. AD 529. This was an extensive reform of the law in the Byzantine Empire, bringing it together into codified documents. Civil law was also partly influenced by religious laws such as Canon law and Islamic law. Civil law today, in theory, is interpreted rather than developed or made by judges. Only legislative enactments (rather than legal precedents, as in common law) are considered legally binding.