1.

INTRODUCTON

Legal Systems denotes the structures, substance, and culture that breathe life into the law.1

Granville Williams2 asserts that legal system extends to the framework of rules, procedures,

and .institutions that a community uses to interpret and enforce their laws. A legal system is

binding on all legal disputes within its jurisdiction. There is no uniform legal system across the

globe. Each jurisdiction uses its own legal system.3

It is trite law that Legal systems differ from state to state, and occasionally within a single state.

While they evolve in a variety of ways, it is noteworthy to mention that legal systems possess

some degree of similarities which can be attributed to historically accepted ideals of what justice

entails. Legal systems can be categorized into various groups based on some identical and

departing features within each group.4

Legal systems do fall into groups or patterns with some similar features within each group. The

same includes Common Law; Civil Law; Religious Law; and Customary Law. Many

jurisdictions employ more than one of these systems at the same time to create a hybrid system.

In some places, the current security situation can also impact the way that legal systems work. 5

This work therefore introduces the context of Global legal systems and their application

depending on specific national jurisdiction and disparities respectively. Far more, it reckons the

1
Lawrence, M. What is Legal System (2017). Accessed at
https://doi.org/10.1093/acprof:oso/9780190460587.003.0001 on 25th January 2024.
2
Williams, G. (2010) 14th Revised edition. Learning the Law. Sweet & Maxwell: England.
3
Ibid.
4
Ibid.
5
Foreign, Comparative, and International Law: Legal Systems: University of Michigan. Accessed at
https://libguides.law.umich.edu/c.php?g=815412&p=5891391 on 25th January 2024.
nexus between law and legal systems which function in equal terms as a unified method of social

control and means of dispute settlement.6

This work is therefore divided as follows, Part I (herein above) Introduces legal system and its

meaning in relation to law. Part II covers the explanations in relation to Global legal

systems ,with their respective, identical and prominent features, Part III expounds more the

question of the departing distinctions of global legal systems; Part IV concludes the assignment.

2. GLOBAL LEGAL SYSTEMS AND THEIR IDENTICAL AND PROMINENT

FEATURES.

2.1 Common Law Legal System

This is mostly referred to as the Law of England. The same developed after the Norman

Conquest if England in 1066, which centralized the King’s/Queens Leadership, who then sent the

wisest people in the community to solve disputes in different localities. Hence forth the Common

Law legal system relies on the Doctrine of Precedent, meaning the judicial decisions that have

already been made in similar cases influence the Judge’s decision of earlier cases. These

precedents are maintained over time through the records of the courts as well as historically

documented in collections of case law known as yearbooks and reports.7 Practically in Tanzania,

the Judicature and Application of Laws Act8 confirms the application of Common Law as a

source of law in Tanzania amongst Received Laws. Section 2(3) of the same9 expounds that “the

substance of the common law, the doctrines of equity and the statutes of general application in

6
Legal Systems. Legal Information Institute, Cornell Law School. Accessed at
https://www.law.cornell.edu/wex/legal_systems#:~:text=A%20legal%20system%20is%20the,uses%20its%20own
%20legal%20system on 25th January 2024.
7
Ibid.
8
CAP 358 [RE 2019]
9
Ibid.
force in England shall apply in Tanzania with limits on the dates being on or before twenty-

second day of July, 1920”.

2.1.1 Prominent peculiarities of common law legal system.

In common law legal systems, legal proceedings are mostly adversarial, rather than inquisitorial.

It is also precedent, in the fact jury of people without legaltraining can decide the facts of the

case, and if there is a conviction, then a judge determines the appropriate sentence based on the

jury’s verdict. Furthermore judges have the power to interpret legislative laws.10 Common Law in

Tanzania can be referred in the case of FESTO BALEGELE AND 794 OTHERS VS DAR ES

SALAAM CITY COUNCIL civil case No. 90 of 1991 whereby the judge applied precedent law

claiming that the disposal of refuse and waste undermines the right to life, that has been provided

under Article 13 Of The Constitution Of The United Republic Of Tanzania.

The common law is described to be featured with its key players who are police, prosecutors, the

defensive counsel as well as juries and victims.11

2.2 Civil Law Legal System

Civil Law Legal Systems is centered on concepts, categories, and rules derived from Roman law,

with some influence of canon law, sometimes largely supplemented or modified by local custom

or culture. The civil law tradition, though secularized over the centuries and placing more focus

on individual freedom, promotes cooperation between human beings.12

10
International Legal Systems. Accessed at https://www.justice.gov/archives/nsd-ovt/page/file/934636/download on
25 January 2024
11
ibid
12
Henry, J. (2018). The Civil Law Tradition; An Introduction to the Legal System of Europe and Latin America.
Stamford University Press: England.
 2.2.1 Prominent features of the Civil law legal system

These include statutory law created by legislatures and not by judges following precedent;

inquisitorial system, where an investigating judge is actively involved in investigating the facts

of a case. Juries are rarely used; a judge or panel of judges will decide the facts and the law to be

applied; Prosecutors and defense attorneys may play a more limited role; Victims may be parties

and have rights regarding their involvement, which may include having their own attorneys and

filing the initial charges; In many civil law systems, victims may bring civil claims. Many

European countries, including France and Germany, and a number of North, Central and South

American countries, like Mexico and Brazil, are examples of civil law systems.

Civil Law Legal Systems is also featured with a couple of key players that are police,

prosecutors, investigating judges, sitting/trial judges, defensive counsel, juries and victims. 13

2.3 Religious Law Legal Systems

Religious laws legal systems are notably referred as morality, ethics, or rules that are taught by a

given religious tradition or doctrine. Different cultures and systems of government have varying

degrees of consideration or influence from religious law. Religious law is the same as secular

laws except that the source of law originates from a deity or divine source rather than directly

from the government. Coming from a divine source, religious law is more often interpreted as

being unchanging or eternal. An example of religious law could be Sharia law, which is said to

originate from the divine and is used to govern some middle-eastern and north African countries.

The strictest Sharia law, called Hanbali, is practiced in Qatar and Saudi Arabia. 14

13
Ibid. note 10
14
Religious law, Definition, Rule and examples. Accessed at https://study.com/academy/lesson/religious-
law-definition-purpose.html on 25 January 2024.
 Religious legal systems include Canon law (Roman Catholic, Anglican), Islamic law, and

Talmudic law (Jewish) Even in countries that have common or civil law systems, religious

courts may exclusively hear some matters such as marriage, divorce and inheritance for the

followers of individual faiths if the country has different religious groups.

2.3.1 Prominent features of religious law legal systems

These includes, religious law comes from the deity, emphasizes eternal moral precepts, It also follows the

religious laws, it contains ethical and moral norms taught by the religious traditions and regard it as

everlasting and non−changing.15

2.4 Customary Law Legal Systems

Customary law legal systems are linked as set of laws based on the traditions, customs, or norms of a

local community. It is applied in many countries around the world, often in conjunction with civil,

common, and religious legal systems.16 In the context of Tanzania this can be referenced in the case of

MAAGWI KIMITO VS GIBENA WAREMA case of (1984) as the court held its decisions through the

provisions allocated in the Local Customary Law A (Declaration)Order, 1961. Also customary law is

believed to be equivalent with other laws as the principle of rule of law that is provided under Article

(13) Of The Constitution Of The United Republic of Tanzania suggests on the superiority between law

and custom.

2.4.1 Prominent features of Customary laws Legal System

15
Religious Laws: Meaning and examples. Accessed at https://www.tutorialspoint.com/religious-law-meaning-and-
examples on 25 January 2024.
16
Judiciaries worldwide. Accessed at https://judiciariesworldwide.fjc.gov/customary-law on 25 January 2024.
 Customary law is often oral, not written. It generally uses a case-by-case approach to dispute.

Customary law can sometimes involve informal mediation or arbitration, and typically does not

include a formal trial. Customary law frequently becomes a function of tribal or village elders in

the absence of a functioning formal justice system, it must have been practiced for an indefinite

period of time, without any recorded instance of interruption or dispute. Customary Law requires the

general population to have embraced a custom as a legal norm and for it to have been acknowledged,

implicitly or explicitly, by the relevant authorities. A custom must be reasonable and not violate any

fundamental rights or principles of justice. Customary Law is simply specific to a particular geographic

location or community and may not be universally applicable. As Customary Law evolves with society, it

boasts the ability to adapt to changing social norms and circumstances over time. 17

2.5 Hybrid Legal Systems

They can also be termed as mixed as they are denoted as legal systems or jurisdictions that have been

shaped so significantly by both the civil law and common law traditions that they cannot be brought

comfortably under either.18

Most obviously a couple of countries have mixed legal systems that draw on common law

and/or civil law traditions, mixed with customary or religious laws. For example, Islamic law

operates alongside civil or common law in some countries. For instance the Philippines has a

mixed legal system of civil, common, Islamic and customary law. Sri Lanka’s legal system

combines civil law, common law and customary law. Most Pacific island countries recognize

17
Study Smarter. Accessed at https://www.studysmarter.co.uk/explanations/law/uk-legal-system/customary-law/ on
25 January 2024
18
Hybrid Legal Systems: Meaning and Examples. Accessed at https://www.tutorialspoint.com/hybrid-legal-system-
meaning-and-significance on 25 January 2024
customary law as well as common law. Also in some African countries, customary law still has

great influence, and local values play a role in informal justice systems and accountability. 19

2.5.1 Prominent features of Hybrid legal system

Legally Hybrid Legal Systems are heterogeneous in the sense that they are composed of two or

more legal systems. It is also seen to be applicable in many states around the globe. Generally a

large number of states in the globe are noted to cope with Hybrid Legal Systems as they apply

the use of different Legal Systems in guiding their legal conducts.20 For instance Tanzania applies

Hybrid Legal System as it composed of Common Law Legal System, Civil Laws Legal Systems

as well as Customary Laws Legal Systems.

3.0 Analysis of global legal systems and their differences.

Common Law Legal Systems are the laws that base on both legal precedent, created by judges,

and statutory laws, created by legislatures. Usually an adversarial system, where the judge acts as

an impartial referee between opposing parties to a case. Also jury may determine the facts , and

a judge will decide the law to be applied. The U.S. and the U.K. are examples of common law

systems. Common law was originally developed by judges through case-by-case court decisions,

rather than through legislation enacted by a legislature. In this system, much of the law is made

by judges’ decisions, called precedent. While, Civil law legal systems place greater emphasis on
19
Ibid.
20
International Legal Systems. Accessed at https://www.justice.gov/archives/nsd-ovt/page/file/934636/download on
25 January 2024
legal codes crafted by the legislature. Civil law statutes tend to be more detailed than statutes

matters capable of being brought before a court, the procedure to be followed. Civil law systems

rely less on judges and more on academic legal experts to make legal interpretations. In a civil

law system, the judge’s role is to establish the facts of the case and to analyze and apply the

legislature’s written laws. Because of this, legislators and legal scholars who draft and interpret

the codes are important in civil law legal systems.

Moreover, Customary Legal Systems, are linked as set of laws based on the traditions, customs, or

norms of a local community. It is applied in many countries around the world, often in conjunction

with civil, common, and religious legal systems.21. While Religious law legal systems are notably

referred as morality, ethics, or rules that are taught by a given religious tradition or doctrine.

Different cultures and systems of government have varying degrees of consideration or influence

from religious law.22

When it comes on the views of Hybrid Law Legal Systems the distinction with other Legal

Systems in the globe can be determined as long as it is denoted as a legal system or jurisdiction that

have been shaped so significantly by both the civil law and common law traditions that they cannot be

brought comfortably under either.23. It is also known as Mixed legal system since it composes of the

application of several Legal Systems in a respective state.

21
Judiciaries worldwide. Accessed at https://judiciariesworldwide.fjc.gov/customary-law on 25 January 2024.
22
Religious law, Definition, Rule and examples. Accessed at https://study.com/academy/lesson/religious-
law-and definition-purpose.html on 25 January 2024.
23
Hybrid Legal Systems: Meaning and Examples. Accessed at https://www.tutorialspoint.com/hybrid-legal-system-
meaning-and-significance on 25 January 2024
4.0 CONCLUSION

Legal systems vary from country to country, and sometimes within a single country. Although

accepted justice ideals are develop in different ways, legal systems also have some similarities

based on historically. A legal system is binding on all legal disputes within its jurisdiction. Legal

systems consists rules, procedures, and institutions by which public initiatives and private endeavors can

be carried out through legitimate means but also it is a system for interpreting and enforcing the laws. It

elaborates the rights and responsibilities in a variety ways. 24 Conclusively Legal systems are conducted

differently basing on a culture of each state but they have the same goal, however they have different

path.

24
What is legal system? Accessed at https://www.akdlawyers.com/general/legal-system-overview/ on 25 January
2024.
BIBLIOGRAPHY