Law

=== Civil law ===
{{main|Civil law (legal system)}}
[[File:Code Civil 1804.png|thumb|First page of the 1804 edition of the [[Napoleonic Code]]]]

Civil law is the legal system used in most countries around the world today. In civil law the sources recognised as authoritative are, primarily, legislation—especially [[Codification (law)|codifications]] in constitutions or [[statute]]s passed by government—and [[custom (law)|custom]].{{efn|Civil law jurisdictions recognise custom as "the other source of law"; hence, scholars tend to divide the civil law into the broad categories of "written law" (''ius scriptum'') or legislation, and "unwritten law" (''ius non-scriptum'') or custom. Yet they tend to dismiss custom as being of slight importance compared to legislation (Georgiadis, ''General Principles of Civil Law'', 19; Washofsky, ''Taking Precedent Seriously'', 7).}} Codifications date back millennia, with one early example being the [[Babylonian law|Babylonian]] ''[[Code of Hammurabi|Codex Hammurabi]]''. Modern civil law systems essentially derive from legal codes issued by [[Byzantine Empire|Byzantine]] Emperor [[Justinian I]] in the 6th century, which were rediscovered by 11th century Italy.<ref>{{cite news |title=The Economist explains: What is the difference between common and civil law? |url=https://www.economist.com/the-economist-explains/2013/07/16/what-is-the-difference-between-common-and-civil-law |access-date=1 January 2020 |newspaper=The Economist |date=17 July 2013 |archive-date=22 December 2019 |archive-url=https://web.archive.org/web/20191222150215/https://www.economist.com/the-economist-explains/2013/07/16/what-is-the-difference-between-common-and-civil-law |url-status=live }}</ref> Roman law in the days of the [[Roman Republic]] and Empire was heavily procedural, and lacked a professional legal class.{{sfn|Gordley|von Mehren|2006|p=18}} Instead a lay [[magistrate]], ''iudex'', was chosen to adjudicate. Decisions were not published in any systematic way, so any case law that developed was disguised and almost unrecognised.{{sfn|Gordley|von Mehren|2006|p=21}} 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. From 529 to 534 AD the [[Byzantine Empire|Byzantine]] Emperor [[Justinian I]] codified and consolidated Roman law up until that point, so that what remained was one-twentieth of the mass of legal texts from before.{{sfn|Stein|1999|p=32}} This became known as the ''[[Corpus Juris Civilis]]''. 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."{{sfn|Stein|1999|p=35}} The Justinian Code remained in force in the East until the fall of the [[Byzantine Empire]]. Western Europe, meanwhile, relied on a mix of the [[Codex Theodosianus|Theodosian Code]] and Germanic customary law until the Justinian Code was rediscovered in the 11th century, which scholars at the [[University of Bologna]] used to interpret their own laws.{{sfn|Stein|1999|p=43}} Civil law codifications based closely on Roman law, alongside some influences from [[religious law]]s such as [[canon law]], continued to spread throughout Europe until the [[Age of Enlightenment|Enlightenment]]. Then, in the 19th century, both France, with the ''[[Code Civil]]'', and Germany, with the ''[[Bürgerliches Gesetzbuch]]'', modernised their legal codes. Both these codes heavily influenced not only the law systems of the countries in continental Europe, but also the [[Law of Japan|Japanese]] and [[South Korea|Korean]] legal traditions.{{sfn|Hatzis|2002|pp=253–263}}{{sfn|Demirgüç-Kunt|Levine|2001|p=204}} Today, countries that have civil law systems range from Russia and Turkey to most of [[Central America|Central]] and [[Latin America]].<ref>{{cite web|title=The World Factbook&nbsp;– Field Listing&nbsp;– Legal system|url=https://www.cia.gov/library/publications/the-world-factbook/fields/2100.html|publisher=[[CIA]]|access-date=13 October 2007|archive-date=26 December 2018|archive-url=https://web.archive.org/web/20181226012138/https://www.cia.gov/library/publications/the-world-factbook/fields/2100.html|url-status=dead}}</ref>

==== Anarchist and socialist law ====
{{main|Anarchist law|Socialist law}}

Anarchist law primarily deals with how anarchism is implemented upon a society, the framework based on decentralized organizations and [[Mutual aid (organization theory)|mutual aid]], with representation through a form of [[direct democracy]]. Laws being based upon their need.<ref>{{cite journal|last=Tamblyn|first=Nathan|date=April 2019|title=The Common Ground of Law and Anarchism|journal=Liverpool Law Review|volume=40|issue=1|pages=65–78|doi=10.1007/s10991-019-09223-1|s2cid=155131683|issn=1572-8625|doi-access=free|hdl=10871/36939|hdl-access=free}}</ref> A large portion of anarchist ideologies such as [[anarcho-syndicalism]] and [[anarcho-communism]] primarily focuses on [[decentralized]] worker unions, [[cooperatives]] and syndicates as the main instrument of society.<ref>Rocker, Rudolf (1938). [https://mirror.anarhija.net/theanarchistlibrary.org/mirror/r/rr/rudolf-rocker-anarchosyndicalism.lt.pdf "Anarcho-Syndicalism: Theory and Practice. An Introduction to a Subject Which the Spanish War Has Brought into Overwhelming Prominence"] {{Webarchive|url=https://web.archive.org/web/20201130083636/https://mirror.anarhija.net/theanarchistlibrary.org/mirror/r/rr/rudolf-rocker-anarchosyndicalism.lt.pdf |date=30 November 2020 }}. Retrieved 17 October 2020 – via The Anarchist Mirror!</ref>

Socialist law is the legal systems in [[communist state]]s such as the former [[Soviet Union]] and the [[People's Republic of China]].{{sfn|Markovits|2007}} Academic opinion is divided on whether it is a separate system from civil law, given major deviations based on [[Marxist–Leninist]] ideology, such as subordinating the judiciary to the executive ruling party.{{sfn|Markovits|2007}}<ref>{{cite journal|jstor=840224|pages=781–808|last1=Quigley|first1=J.|title=Socialist Law and the Civil Law Tradition|volume=37|issue=4|journal=The American Journal of Comparative Law|year=1989|doi=10.2307/840224}}</ref><ref>{{cite book |last1=Smith |first1=G. B. |chapter=Socialist Legality and the Soviet Legal System |title=Soviet Politics |date=1988 |publisher=Palgrave |isbn=978-0-333-45919-5 |pages=137–162 |doi=10.1007/978-1-349-19172-7_7 }}</ref>