civil law

civil law.

1. (usu. cap.) One of the two prominent legal systems in the Western World, originally administered in the Roman Empire and still influential in continental Europe, Latin America, Scotland, and Louisiana, among other parts of the world; ROMAN LAW. • In reference to Romans, civil law (commonly referred to as jus civile) denotes the whole body of Roman law, from whatever source derived. But it is also used to denote that part of Roman law peculiar to the Romans, as opposed to the common law of all peoples (jus gentium).

— Also termed jus civile; Roman law; Romanesque law. Cf. COMMON LAW(2).

2. The body of law imposed by the state, as opposed to moral law.

3. The law of civil or private rights, as opposed to criminal law or administrative law. — Abbr. CL.

“The difference between civil law … and criminal law turns on the difference between two different objects which the law seeks to pursue — redress or punishment. The object of civil law is the redress of wrongs by compelling compensation or restitution: the wrongdoer is not punished, he only suffers so much harm as is necessary to make good the wrong he has done. The person who has suffered gets a definite benefit from the law, or at least he avoids a loss. On the other hand, in the case of crimes, the main object of the law is to punish the wrongdoer; to give him and others a strong inducement not to commit the same or similar crimes, to reform him if possible, and perhaps to satisfy the public sense that wrongdoing ought to meet with retribution.” William Geldart, Introduction to English Law 146 (D.C.M. Yardley ed., 9th ed. 1984).


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