Common civil law

There have grown up in the history of nations only two great systems of law, the civil law of ancient Rome, and the common law of England. All the most civilized nations in the world are governed by either of these two great schemes of justice. Though the civil law and the common law have much in common, yet in many important particulars they are the opposites of each other. In the course of his studies, the student of law finds so much said, in an incidental way, about the civil law, that is calculated to mislead his judgment in regard to the true character of that scheme of justice, that it is important, at the outset of his walks over the fields of the common law, to give him some account of the civil law, and point out in what it differs essentially from the common law. This is a matter of much importance to every student who aspires to a comprehensive and enlightened knowledge of jurisprudence.

Rome is the grandest empire presented in the great spectacle of the history of nations. From the limits of a few square miles, on the southeast bank of the lower course of the Tiber, Rome extended her territorial dominions to the Pillars of Hercules on the west, to the Euphrates on the east, to the German ocean and the Grampian hills on the north, and to the cataracts of the Nile and the great African desert on the south. Over his vast territory Rome extended her government, her laws, and her language. To preserve these immense territories, as the natural and legitimate heritage of Rome, was the one great end of Roman policy. And any of the many peoples subject to Roman sway, who attempted to throw off the imperial authority, were treated as rebels against a lawful dominion.

Civil Law in New France: the Custom of Paris

New France became a royal province in 1663, well before the Revolution. Louis XIV decreed
that it would follow the Custom of Paris. This was the body of laws which governed the region
around Paris (Île de France) at the time. There were different “customs” in different areas, but
after 1580 the Custom of Paris was becoming more important in case of conflict between
customs. Also important were royal ordinances and edicts and decisions from the Conseil
Souverain (Sovereign Council) of New France. The code was changed to reflect circumstances
in New France in 1667, 1678 and 1685

.





Common Law in Canada Before 186

Newfoundland, Prince Edward Island, New Brunswick and Nova Scotia all followed common
law before Confederation. The province of Canada, however, had begun as a French colony –
New France – which used civil law.

After the conquest, the British guaranteed the survival of civil law in the Quebec Act, 1774. The
Constitutional Act, 1791, however, split the province of Quebec into Upper and Lower Canada.
Lower Canada retained civil law; Upper Canada quickly switched to common law

.

British Common Law
Definition

British common law, also called traditional law, is law that has evolved from decisions of
English courts going back to the Norman Conquest in 1066. These earlier decisions set
“precedent,” which are used in future cases of a similar nature. Precedent can be overruled by
new laws, or statutes, passed by the appropriate government.

Today Common law is applied in most countries settled or ruled by the British. In Canada, law
in all the provinces except Quebec is based on common law

.