TRANSFORMATION FROM THE ROMAN-CANONICAL “CIVIL LAW” TRADITION TO THE ANGLO-SAXON “COMMON LAW” THROUGH JURISPRUDENCE
Description
The transformation from the Roman-canonical tradition, or civil law, to the Anglo-Saxon tradition, or common law, is a complex process that has developed over centuries, shaped by various historical, political and social factors. Roman-canonical law, with roots in the ancient Roman Empire and enriched by the legal tradition of the Catholic Church, is characterized by its emphasis on written and codified law as the primary source of law. By contrast, Anglo-Saxon law, which originated in England, is distinguished by its focus on jurisprudence, that is, on court decisions and judicial precedents as the basis for resolving future cases. The thesis of this essay is that the transformation of civil law into common law in territories under Anglo-Saxon influence was not a spontaneous process; rather, it was driven by a series of interrelated factors such as colonial expansion, the prestige of the common law and the need to adapt the law to new social and economic realities.