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Every Legal System Explained in 11 Minutes

ahN1upaI_AI — Published on YouTube channel The Analyst on April 11, 2024, 7:12 PM

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- International law is the set of rules and regulations governing the conduct of every independent state. It is the most powerful weapon to prevent armed conflicts between countries and help them strengthen their mutual relations. - Speaker A talks about commercial law, labor law, and criminal law. Commercial law provides the legal protection necessary for businesses to conduct their operations efficiently. The setback with commercial law lies in its complex nature. - Speaker A tells the audience about hybrid law or mixed laws. Hybrid or mixed legal systems combine elements of different legal systems to create a unique legal framework. Due to the multiple legal systems practiced, there is an increase in the social and cultural tension.

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Customary Law While most legal systems are based on written rules, customary law is unofficial and derived from the culture and traditions of the people. They're driven by personal feelings and behavior and must be accepted by most community members for it to become binding. In the northern parts of Nigeria, a man is allowed to marry as many wives as he chooses, and if he gets tired of an older wife, he can easily replace her with someone younger, no questions asked. Or the custom that permits a man to marry a girl as young as 12. This custom is only only accepted and recognized by the people in the northern region and serves as the standard for many marriages there. As a key aspect in preserving the culture and identity of local communities, customary laws are constantly changing to suit the needs of the people within that community. Due to the absence of written legal rules, the law is often open to misinterpretation and lies. A person might decide to lie against another and twist the law to serve his or her selfish interest. International law bodies like the United nations and World Trade Organization are the judge and jury of this law, and they cover issues like human rights, abuse and war crimes through a set of rules and regulations governing the conduct of every independent state. It is the most powerful weapon to prevent armed conflicts between countries and help them strengthen their mutual relations. Their aim is to promote peace and order between nations, but they cannot strictly enforce law and can only operate under the consent of the nation. This means that if a nation were to wake up one morning and decide to send missiles to another country unprovoked, international law and bodies do not have enough power to stop them. Instead, they can only negotiate or try to reach an understanding based on the agreement signed in the treaties. Sovereign recognition and consent are key elements of international law, as they provide the basis that allows one country to respect and honor the legitimacy of another. One of the biggest drawbacks of this legal system is that it lacks the power to effectively make law or enforce it. While it is true that enforcement can be challenging, there are mechanisms like sanctions and international court rulings that have real world impact. Common Law Tracing back to England during the Middle Ages, common law, also known as case law, refers to the unwritten laws that guide a court's decisions when the outcome of a ruling cannot be decided. For common law, the judge must consider the judgment of previous judges about a similar case before making a decision. Most times, common law serves as the foundation for a new law to be written. In a case originating In Scotland in 1932, Mrs. Donohue was given a bottle of ginger beer which allegedly contained the decomposed remains of a snail bought from a Mr. Stevenson. She claimed to have suffered shock and a running stomach as a result, but as she had not bought the drink herself and so she had no contract on which to sue. Nevertheless, the court extended the law of negligence to provide reasonable care towards those likely to be affected by a person's or company's actions. Was there really a snail? We don't know for sure, as Mr. Stephenson died before the evidence could be heard. Countries like Australia, Canada, Hong Kong, India and even the United States rely heavily on this law when resolving legal disputes. Under common law, there is also a term called common law marriage, which allows couples to be considered married without any religious or civil process. As far as they meet certain requirements, they are considered legal in certain states. The problem with common law is that it has a great potential to be inconsistent and un unreliable as it relies heavily on past judgments to reach a verdict. Civil Law Unlike common law based on precedents from past cases, civil law deals with the rights of the citizens through a system of well structured written codes. It aims to resolve disputes fairly and predictably amongst the citizens through a set of broad codes and statuses detailing the rights of every citizen. Civil law has a special court dedicated to specific areas of the law in different cases that arise in everyday life. A couple going through a divorce uses the civil court's decision to dissolve their marriage and resolve issues such as sharing or property and the custody of children, if any. Civil law places importance on written contracts as legally binding agreements and focuses on interpreting the terms of these agreements. It's practiced in countries like France, Germany, Italy, Spain, Japan and Brazil. These countries, amongst many others, have legal systems primarily based on civil law principles. The major disadvantage of civil law is that they can be slow to adapt to changes in society or emerging legal issues. Religious Law for religious law, it would mean that a person has to subscribe to the laws of a particular religion rather than the government. Say if you're caught stealing. The civil law of the west would more often than not serve you prison time, but under the Sharia law you'd be faced with losing the hand you used to steal. The law derives its authority from religious beliefs and is enforced by religious authorities or institutions within a particular faith. The major types of religious law include Sharia law. This law is based upon Islamic scriptures and governs the code of living all Muslims follow. It aims to help Muslims understand how they should live according to Allah's wishes. Sharia law is practiced in Saudi Arabia, Afghanistan, Sudan, and the northern parts of Nigeria. Halacha this is the Jewish religious law, consisting of a wide range of rules and principles derived from the Torah and Talmud. Canon Law this is the legal system for the Catholic Church made up of the rules and regulations governing the body of the Church. Derived from the Bible. The law is applied and implemented by church leaders and Vatican officials. It is highly practiced in countries with high Catholic populations like Italy, Spain, and France. A major downside to religious law is its potential to restrict an individual's freedom and rights, especially for those who do not obey the rules of the religion in question. This could lead to the discrimination of people who hold different beliefs. Commercial Law let's say your designs and creative ideas are stolen by an individual or rival company. You are protected under commercial law to sue and charge the criminal party to court for theft. Commercial law is binding through a legal written contract often signed by all parties involved. It is a set of legal rules and regulations that govern commercial transactions and business activities, and it provides a detailed structure for a wide range of business activities. Some of the key aspects of commercial law include contract law, which governs the creation, implementation, and interpretation of agreements between business partners corporate law, in charge of regulating the formation and dismissal of corporations and other business bodies and intellectual property law, which provides legal protection for property rights, patents, copyrights, and trade secrets. Commercial law provides the legal protection necessary for businesses to conduct their operations efficiently, without fear to promote fair and transparent business practices. The setback with commercial law lies in its complex nature. It is full of loopholes that can pose a challenge for businesses, especially for individuals with no legal knowledge. Labor Law this legal system governs the relationship between employers of labor and employees. The rights and obligations related to wages, working conditions, and employment terms of every worker falls under labor law. Say a person gets sick with cancer or heart problems after years of exposure to working in a coal mine. Without proper health care or safety protocol provided by the employer, the employee can sue on the grounds of workplace negligence and unfair work conditions. We have individual labor law, which covers the basic rights of every employer and employee and is written down in a binding contract of employment signed by both parties. Collective labor law concerns itself with the relationship between the employer, employee, and trade union. Overall, labor law aims to promote fair and equitable treatment of workers to ensure safety and comfort at work. Criminal Law the popular saying innocent until proven guilty is the main basis for criminal law, and any crime must be proven beyond reasonable doubt for a conviction to occur. Criminal law establishes the framework for investigating, charging, and punishing individuals accused of committing crimes. It recognizes the various legal defenses that individuals accused of crimes can raise to prove innocence such as self defense, insanity and lack of intent or capacity to commit the crime. If a person found guilty of murder can prove to be mentally unstable, the court may decide to send the person to a mental care facility instead of jail based on their inability to be held accountable for the crime. There are specific procedures that must be followed during an investigation to ensure fair trial and the respect of individual rights. For instance, the police are not allowed to search the properties of citizens without a court warrant. This protects the rights of the people and checks abuse of power. However, in a situation where there is an imminent threat to the well being of the general public, such as a terrorist attack or life threatening abuse, these procedures and individual rights can be overlooked for the greater good of the society. Amongst others, Criminal law also focuses on reforming offenders to aid their return to society. This involves providing educational, vocational or counseling programs to address underlying issues such as substance abuse, mental health disorders or social disadvantage. Hybrid law or mixed laws was found in in countries like Nigeria, South Africa, Malaysia and Cameron. Hybrid or mixed legal systems combine elements of different legal systems to create a unique legal framework that reflects the country's diverse legal heritage. This legal system often emerges in countries with complex colonial histories. It offers opportunities for legal innovation and the protection of cultural heritage within the legal system. Due to the multiple legal systems practiced, there is an increase in the social and cultural tension as one group would likely feel superior to another. A country practicing both Sharia and civil law is bound to have clashes when an offender commits a crime that has a different judgment in separate laws. In civil law, a man is not allowed to marry a young child and should be sent to jail for abuse, but this is not the case with Sharia law. This leads to discrimination and problems abiding by the law. However, while tensions may arise, many countries with mixed legal systems have methods set in place to navigate these complexities. Socialist law emerged in the 20th century and practiced in countries like China, Cuba and North Korea. A socialist legal system requires that wealth be distributed evenly among members of the society. Socialist law systems provide that most property be owned by the state and have special courts and laws for state establishments. While courts and other legal systems practice an independent rulemaking role, the courts and socialist states play a dependent role. Judges are bound to the rules made by the Communist Party and are subject to constant supervision and control, and this leads to the absence of judicial independence. Judges in socialist states are elected for a period of five years but could be recalled at any time if their electors decide that they are incapable of following orders. This decision is also strictly made by the party alone. The law and socialist states also has educational functions. This is due to the fact that it is quite determined to influence people's inner attitude and educate them in socialist morality, which aims to kill off human ego and law to make way for Marx's final stage of the division and distribution of property according to the needs of each individual.