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Civil law, civilian law or Roman law is a legal system originating in Europe, intellectualized within the framework of late Roman law, and whose most prevalent feature is that its core principles are codified into a referable system which serves as the primary source of law. This can be contrasted with common law systems whose intellectual framework comes from judge-made decisional law which gives precedential authority to prior court decisions on the principle that it is unfair to treat similar facts differently on different occasions (doctrine of judicial precedent, or ''stare decisis'').〔Washington Probate, "Estate Planning & Probate Glossary", ''Washington (State) Probate'', s.v. ("common law" ), (), 8 Dec. 2008, retrieved on 7 November 2009.〕〔Charles Arnold-Baker, ''The Companion to British History'', s.v. "English Law" (London: Loncross Denholm Press, 2008), 484.〕 Historically, a civil law is the group of legal ideas and systems ultimately derived from the Code of Justinian, but heavily overlaid by Napoleonic, Germanic, canonical, feudal, and local practices,〔Charles Arnold Baker, ''The Companion to British History'', s.v. "Civilian" (London: Routledge, 2001), 308.〕 as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules.〔Michel Fromont, ''Grands systèmes de droit étrangers'', 4th edn. (Paris: Dalloz, 2001), 8.〕 It holds case law to be secondary and subordinate to statutory law. When discussing civil law, one should keep in mind the conceptual difference between a statute and a codal article. The marked feature of civilian systems is that they use codes with brief text that tend to avoid factually specific scenarios.〔“The role of legislation is to set, by taking a broad approach, the general propositions of the law, to establish principles which will be fertile in application, and not to get down to the details. . . .” Alain Levasseur, Code Napoleon or Code Portalis?, 43 Tul. L. Rev. 762, 769 (1969).〕 Code articles deal in generalities and thus stand at odds with statutory schemes which are often very long and very detailed. ==Overview== The purpose of codification is to provide all citizens with manners and written collection of the laws which apply to them and which judges must follow. It is the most widespread system of law in the world, in force in various forms in about 150 countries,〔(【引用サイトリンク】title=The World Factbook )〕 and draws heavily from Roman law, arguably the most intricate known legal system dating from before the modern era. Where codes exist, the primary source of law is the law code, which is a systematic collection of interrelated articles,〔 arranged by subject matter in some pre-specified order,〔"Glossary of Legal Terms", ''12th District Court - Jackson, County, MI'', retrieved on 12 June 2009: ()〕 and that explain the principles of law, rights and entitlements, and how basic legal mechanisms work. Law codes are simply laws enacted by a legislature, even if they are in general much longer than other laws. Other major legal systems in the world include common law, Halakha, canon law, and Islamic law. Civilian countries can be divided into: *those where Roman law in some form is still living law but there has been no attempt to create a civil code: Andorra and San Marino *those with uncodified mixed systems in which civil law is an academic source of authority but common law is also influential: Scotland and Roman-Dutch law countries (South Africa, Zambia, Zimbabwe, Sri Lanka and Guyana) *those with codified mixed systems in which civil law is the background law but has its public law heavily influenced by common law: Puerto Rico, Philippines, Quebec and Louisiana *those with comprehensive codes that exceed a single civil code, such as Spain, Italy, France, Germany, Greece, Japan, Mexico: it is this last category that is normally regarded as typical of civil law systems, and is discussed in the rest of this article. The Scandinavian systems are of a hybrid character since their background law is a mix of civil law and Scandinavian customary law and have been partially codified. Likewise, the laws of the Channel Islands (Jersey, Guernsey, Alderney, Sark) are hybrids which mix Norman customary law and French civil law. A prominent example of a civil-law code would be the Napoleonic Code (1804), named after French emperor Napoleon. The Code comprises three components: the law of persons, property law, and commercial law. Rather than a compendium of statutes or catalog of caselaw, the Code sets out general principles as rules of law.〔 Unlike common law systems, civil law jurisdictions deal with case law apart from any precedence value. Civil law courts generally decide cases using codal provisions on a case-by-case basis, without reference to other (or even superior) judicial decisions. In actual practice, an increasing degree of precedence is creeping into civil law jurisprudence, and is generally seen in many nations' highest courts. While the typical French-speaking supreme court decision is short, concise and devoid of explanation or justification, in Germanic Europe, the supreme courts can and do tend to write more verbose opinions supported by legal reasoning. A line of similar case decisions, while not precedent ''per se'', constitute ''jurisprudence constante''. While civil law jurisdictions place little reliance on court decisions, they tend to generate a phenomenal number of reported legal opinions. However, this tends to be uncontrolled, since there is no statutory requirement that any case be reported or published in a law report, except for the councils of state and constitutional courts. Except for the highest courts, all publication of legal opinions are unofficial or commercial. Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law. The expression ''civil law'' is a translation of Latin ''jus civile'', or "citizens' law", which was the late imperial term for its legal system, as opposed to the laws governing conquered peoples (''jus gentium''); hence, the Justinian code's title ''Corpus Juris Civilis''. Civil law practitioners, however, traditionally refer to their system in a broad sense as ''jus commune'', literally "common law", meaning the general principles of law as opposed to laws peculiar to particular areas. (The use of "common law" for the Anglo-Saxon systems may or may not be influenced by this usage.) 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Civil law (legal system)」の詳細全文を読む スポンサード リンク
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