▲ | tptacek 8 hours ago | ||||||||||||||||
Not to wave anybody off an interesting rabbit hole, but is that the germane difference here? My understanding: common law features a relatively smaller "source of truth" of written law, and relatively more expansive and variably-binding jurisprudence, where judge decisions set precedent and shape the law. Civil law writes almost everything down ahead of time. I guess civil law gives you less room to explore ideas like "living" statutes and laws that gain and change meaning over time; if there was such a change, you'd write it down? Regardless: whether you're a textualist or realist, in the US you're still operating in a common law system. | |||||||||||||||||
▲ | lolinder 4 hours ago | parent [-] | ||||||||||||||||
It's the difference OP is referring to. You can be the judge of if it's relevant in the US to talk about civil law as the "norm" given that our legal system is not, in fact, based on civil law. I'm just providing a link to the concepts OP was referencing. | |||||||||||||||||
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