Common Law: Common law legal systems like the one used in the United States and the United Kingdom are based on judicial precedents. Court rulings and judgements form the basis of legal principles.
Code Napoleon: The Code Napoleon, conversely, is a comprehensive, well-organized code of laws that is enacted by a legislative action and is superior to judicial precedent. It attempts to incorporate as many scenarios and eventualities as possible into a written statute, reducing dependence on past instances.
2. Legal Sources:
Common Law: Common law systems place considerable emphasis on case law and "stare decisis," which means that courts must uphold previous rulings of higher courts unless new compelling arguments or circumstances come up.
Code Napoleon: Although case law and earlier judgments can be taken into account, the Code Napoleon takes a different approach by relying primarily on written laws and legislations to make decisions.
3. The "Professional" judge:
Common Law: In common law systems, judges have more flexibility and play more active role in shaping legal principles. Their interpretations of the law may sometimes be broad, allowing them to adjust and develop it gradually over time.
Code Napoleon: In the Code Napoleon system, judges' functions are more restricted and technical. They are expected to interpret the law as precisely as possible based on the established provisions and are less responsible for its ongoing evolution.
4. Logical Reasoning:
Common Law: Common law heavily emphasizes logical reasoning and the articulation of persuasive reasonings and analogies to back up legal decisions.
Code Napoleon: The Code Napoleon, on the other hand, emphasizes the text and the law's exact wordings. Strict interpretation of written laws is more heavily relied on than intricate reasoning in some cases.
5. Adaptability and Change:
Common Law: One advantage of common law systems is their adaptability, as they can grow based on real-world circumstances. This adaptable nature allows for regular change in legal principles.
Code Napoleon: While the Code Napoleon seeks to be thorough, it may find it more challenging to adapt to dynamic situations. Changing the extensive statutes typically needs a formal legislative process, which may be more complex than relying solely on judicial precedents.
These distinctions stem from the history and societal values of the jurisdictions that use each legal system. The common law system originated in England and is still widely used today in many countries, including the US, UK, Canada, and Australia. The Code Napoleon, also known as the French Civil Code, was developed after the French Revolution and is currently followed by many jurisdictions worldwide, particularly in continental Europe, Latin America, and several Middle Eastern and North African countries.