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Whether Common vs Civil Law is Used in America Today Will Depend on the Government’s Agenda.

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Most judicial systems today fall into one of two categories, and are often played against each other in systems such as common vs civil law.

In order for humans to coexist in their own communities, states, or countries, they must agree on which set of rules or system they will use to govern their actions.

Most communities and countries will use either common or civil law, or some juxtaposition of the two as is found in the United States.

Common law takes an approach where most if not all human behaviour and actions will be permitted, with the exception of behaviour that may be considered harmful to one’s self or to others.

In this case, these behaviours or actions that are considered harmful will be forbidden and deemed unlawful.

In common law then, the suggestion seems to be that each person is a free and independent person and each person can act according to their own free will.

The goal then of laws in a common law society are structured to ensure that all members of the community or country exercise any freedoms they wish as much as they can or want to.

Civil law on the other hand offers a different perspective.

In civil law, an expectation of behaviours and actions is set forth according to how the society deems appropriate, and the society or community permits and controls that which is deemed acceptable, and punishes actions which are not.

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Where Does America Stand?

The differences between common vs civil law then are in the philosophy underlying the two.

In civil law, the society is what measures the worth of an individual, and in common law, the individual is deemed to be a worthwhile component of society.

When it comes to common vs civil law, freedoms are enjoyed in common law, and less so in civil law.

Legally, the United States operates under both systems, and applies legislation and enforcement in terms of what they deem is most appropriate.

In other words, whatever system will get the government closer to their own agenda, is the system America uses legislatively.

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The US isn’t a Common Law Reality

Common vs civil law is best understood in terms of who is the body with the power.

In common law, the individual is considered an empowered body, whereas in civil law, the society or higher levels in the community hold the power.

That being said, it can be easy to see why the United States is considered more a civil system than a common law one.

In theory, America operates under the guise of being the land of the free and the home of the brave, but in reality, freedoms are being stripped from Americans every day.

On paper, America is a common law system, but we all know what the reality is in this day and age.

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