There are islands in the sea of positive law where common law still dominates
© GIBON ART/ALAMY STOCK PHOTO
Let’s consider what makes common law distinctive. Law in general is about making and applying rules that coordinate social action. Civil law systems do this by collating the rules into a legal code, regularly updated. Common law systems, like our own, rely more on judges to shape the law. The rules are subject to constant review and revision, as and when disputes come to court requiring resolution.