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Another
example is the Torah or Old Testament, in the Pentateuch or Five
Books of Moses. This contains the basic code of Jewish law, which
some Israeli communities choose to use. The Halakha is a code of
Jewish law which summarizes some of the Talmud's interpretations.
Nevertheless, Israeli law allows litigants to use religious laws
only if they choose. Canon law is only in use by members of the
clergy in the Roman Catholic Church, the Eastern Orthodox Church and
the Anglican Communion.
Until the 18th century, Sharia law was practiced throughout the
Muslim world in a non-codified form, with the Ottoman Empire's
Mecelle code in the 19th century being first attempt at codifying
elements of Sharia law. Since the mid-1940s, efforts have been made,
in country after country, to bring Sharia law more into line with
modern conditions and conceptions.In modern times, the legal systems
of many Muslim countries draw upon both civil and common law
traditions as well as Islamic law and custom. The constitutions of
certain Muslim states, such as Egypt and Afghanistan, recognise
Islam as the religion of the state, obliging legislature to adhere
to Sharia.
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Civil law is the legal system used in most countries around the
world today. In civil law the sources recognized as authoritative
are, primarily, legislation—especially codifications in
constitutions or statutes passed by government—and custom.
Codifications date back millennia, with one early example being the
Babylonian Codex Hammurabi. Modern civil law systems essentially
derive from the legal practice of the Roman Empire whose texts were
rediscovered in medieval Europe. Roman law in the days of the Roman
Republic and Empire was heavily procedural, and lacked a
professional legal class.
Instead a lay person, index, was chosen to adjudicate. Precedents
were not reported, so any case law that developed was disguised and
almost unrecognised.Each case was to be decided afresh from the laws
of the state, which mirrors the (theoretical) unimportance of
judges' decisions for future cases in civil law systems today.
During the 6th century AD in the Eastern Roman Empire, the Emperor
Justinian I codified and consolidated the laws that had existed in
Rome, so that what remained was one-twentieth of the mass of legal
texts from before. This became known as the Corpus Juries Civilize.
As one legal historian wrote, "Justinian consciously looked back to
the golden age of Roman law and aimed to restore it to the peak it
had reached three centuries before.” Western Europe, meanwhile,
slowly slipped into the Dark Ages, and it was not until the 11th
century that scholars in the University of Bologna rediscovered the
texts and used them to interpret their own laws.
Civil law codifications based closely on Roman law, alongside some
influences from religious laws such as Canon law continued to spread
throughout Europe until the Enlightenment; then, in the 19th
century, both France, with the Code Civil, and Germany, with the
Bürgerliches Gesetzbuch, modernized their legal codes. Both these
codes influenced heavily not only the law systems of the countries
in continental Europe (e.g. Greece), but also the Japanese and
Korean legal traditions. Today, countries that have civil law
systems range from Russia and China to most of Central and Latin
America. The United States follows the common law system described
below.
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