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What are the differences between roman-dutch law and English common law?
Wiki User
∙ 14y ago
They are very similar with very different avenues for implementation. This is not intended to be a full answer but to replace the terrible answer that was here before. Essentially, both rely on statutory law as well as precedent. From my understanding, common law, which originally was all precedent based, lays out a requirement forcing subsequent cases that are the same as previously rendered cases to be judged with basically the same outcome. In America, this is only relevant to similar cases in the same or subservient courts.
Please correct wherever I'm wrong, to fully understand this requires months of legal study.
Wiki User
∙ 14y ago
Roman-Dutch law is based on Roman law and influenced by Dutch civil law, while English common law is based on judicial precedents and customary law. Roman-Dutch law is mainly used in civil law legal systems such as in South Africa and Sri Lanka, while English common law is practiced in common law legal systems such as in England and the United States. Although both systems have evolved separately, they share some similarities such as principles of equity and fairness.
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What are the fundamental differences between the two sources of law?
The fundamental difference between statutory law and common law is their source of authority. Statutory law is created and enacted by legislative bodies, such as parliaments or congresses, while common law is developed by judges through their decisions in court cases. Statutory law is often codified in written statutes, while common law is based on precedent and past court decisions.
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