What is the main difference between common law and civil law systems?

The main difference between common law and civil law systems lies in the role of judicial decisions in the development of legal principles. Common law systems, which are prevalent in countries like the United States and the United Kingdom, primarily develop legal rules through the doctrine of stare decisis. This means that decisions made in higher courts are binding on lower courts, creating a body of law that evolves through case law. As a result, judicial opinions play a prominent role in shaping the law, allowing it to adapt to new circumstances and societal changes.

In contrast, civil law systems, such as those found in many European countries, typically place greater emphasis on codified statutes and legal codes. While judges do interpret and apply these laws, the idea is not to create new law through judicial rulings but rather to follow established codes and statutes.

This distinction highlights the unique characteristic of common law, which allows for significant development of legal principles through judicial interpretation and precedent. Such a system encourages flexibility and the ability to respond to changing societal values, unlike a civil law system that is more rigid in its reliance on written law.