Civilrättstraditionen

Civilrättstraditionen, often referred to as the civil law tradition, is one of the major legal traditions in the world, alongside common law and religious law. Its origins can be traced back to Roman law, particularly the Corpus Juris Civilis compiled under Emperor Justinian in the 6th century. This tradition emphasizes codified statutes as the primary source of law.

In civil law systems, laws are organized into comprehensive codes that aim to cover all aspects of legal life, such as civil codes, commercial codes, and criminal codes. Judges in these systems primarily apply the law as written in these codes, and their decisions are generally not binding precedents for future cases in the same way they are in common law systems. The role of legal scholars and their interpretations of the codes is also highly valued.

The civil law tradition is prevalent in most of continental Europe, Latin America, and many parts of Asia and Africa. Its influence spread through colonization and historical interactions. Key characteristics include a deductive approach to legal reasoning, where general principles found in codes are applied to specific factual situations. While judicial decisions are important for understanding how the law is applied, they are not considered a direct source of law itself. The emphasis is on legislative supremacy and the clarity and accessibility of codified law.