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What are the main differences between the common law system and the civil law system? Assess the effectiveness of ONE non-legal measure in the promotion of human rights - HSC - SSCE Legal Studies - Question 16 - 2010 - Paper 1
Question 16
What are the main differences between the common law system and the civil law system? Assess the effectiveness of ONE non-legal measure in the promotion of human ri... show full transcript
Worked Solution & Example Answer:What are the main differences between the common law system and the civil law system? Assess the effectiveness of ONE non-legal measure in the promotion of human rights - HSC - SSCE Legal Studies - Question 16 - 2010 - Paper 1
Step 1
What are the main differences between the common law system and the civil law system?
Answer
The common law system and civil law system differ primarily in their foundations, processes, and structures.
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Source of Law: In common law systems, legal precedents established by court decisions play a crucial role. In contrast, civil law systems are based on codified statutes and principles.
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Judicial Role: Judges in common law jurisdictions interpret laws and create precedents, whereas judges in civil law systems apply codified laws without the same precedent-setting powers.
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Legal Procedures: Common law procedures tend to be adversarial, emphasizing the role of the parties in presenting evidence, while civil law procedures are more inquisitorial, where the judge plays an active role in gathering evidence.
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Flexibility and Rigidity: Common law systems allow for more flexibility and adaptability over time through judicial interpretation, compared to civil law systems which may have a more rigid structure due to reliance on statutory codes.
Step 2
Assess the effectiveness of ONE non-legal measure in the promotion of human rights. Use a contemporary example to support your response.
Answer
One effective non-legal measure for promoting human rights is public awareness campaigns.
Public awareness campaigns serve to educate individuals about their rights and to mobilize support for various causes. For example, the #MeToo movement utilized social media platforms to raise awareness about sexual harassment and abuse. By sharing personal stories and encouraging dialogue, this movement not only highlighted prevalent human rights violations but also empowered individuals to advocate for change.
The effectiveness of such campaigns lies in their ability to create a collective consciousness surrounding human rights issues. They can influence public opinion and pressure governments and institutions to act, thereby leading to potential legal reforms.
In conclusion, while non-legal measures such as public campaigns may not have immediate legal force, they play a vital role in shaping societal attitudes and promoting human rights.