The main legal systems of modernity and their specificity

The Legal system – this integral unity of the various legal phenomena and relations between them. It is a regulatory framework for the type of law, dominant in the area. Depending on the scope and scale of such systems are divided into national and derived from certain historical traditions. National order of the area of laws and rules has that are specific to any single country or small region. Several of these forms of law related to sustainable practices and the past, constitute a family.

The Principal legal systems of modernity is usually associated with the division known to us legislative dispensations into four types (families). First of all, this Romano-Germanic variety. For this kind of system characteristic of a certain and a clear hierarchy of different legal forms. A huge role in the folding and securing of these forms plays a person or group of persons who make the laws. The system of law has a clear distinction, and each variation is a separate industry. This legal family is distinguished by the fact that on the one hand it is very important the Constitution and enshrined in their provisions, and on the other – no less significant acts by clarifying the rules set out in the laws. This type of legal authority prevails in France, Germany, Italy and other countries adopted the system of Roman or German law, and it is generally considered a classic.

In turn, one of the most interesting legal families is Anglo-Saxon. Almost all the major legal systems of today, which are enshrined in their constitutions, human rights, trying to focus on her. Here in the formation of law and its basic types defining value belongs to the court and the regulations themselves are often formed during the debate of the parties and take effect after the court decisions. Moreover, the creation of law by way of judicial precedent, because once the judges will formulate concepts and rules of a particular case and secure them in the solution, these standards acquire legal force in any similar case.

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Case law, which constitutes the Foundation of the Anglo-Saxon family, is not his only characteristic. The main legal systems of modernity in their classic form establish a significant difference between private and public law, but in Anglo-Saxon variant body of law, such a separation is practically absent. Moreover, the boundaries between branches of law are very blurred, and these varieties are not codified. This leads to the fact that the entire legal system dominated by the norms governing the judicial process and depends on the order in which the state regulates different relations in the society. Such a legal procedure was adopted in Britain and its former colonies – USA, Australia, Canada.

The Principal legal systems of today include quite old legislative of the family, such as religious and traditional. The first of these displays the legal norms and the code of certain sacred texts that were interpreted by the theologians. On the one hand, such a device right difficult to develop, because it is often assumed that data in excess of the requirements cannot be changed. On the other hand, the various interpretations of theological terms, in turn, can lead to different semantics of the same legal concepts. Such a right is often based on certain human responsibilities before God and is associated with moral requirements, but in recent years it increasingly absorbs the elements of human rights and freedoms. In the same way as in the Anglo-Saxon system, there is no separation between private and public legal powers. This type of law is characteristic of many Muslim countries.

The concept of the legal system extends to the traditional family, dominated by a set of customs, taboos and practices that have long been practiced in the region or locality. In China, Japan, many African countries, such norms are dominant, despite the fact that many of them have never been recorded. The hallmark of this system is that the state recognizes these traditions as binding, and their sources can be not only moral and religious and mythological ideas. This is one of the most ancient holistic legal types have survived to our time.