Running Header: CIVIL LEGAL TRADITION
Civil Legal Tradition
Howthe civil legal tradition protects identities
Thecivil legal tradition protects individual identities in several ways.Firstly, it allows citizens to move to new countries to enjoy thebenefits of different worlds and upholds their citizenships evenafter moving to new countries. There is no provision for loss ofnationality, therefore allowing people to embrace differentidentities. Secondly, the judicial design under the civil legaltradition provides a foundation for developing judicialindependence1.Judicial independence offers a wide scope for including andprotecting identities.
Thecivil legal tradition provides clear definitions of discriminationbased on the affected groups. In many cases, the protected classesare defined by their racial orientation, religion, sex or nation oforigin. Therefore, protecting their identities derives relevance fromclear legal definitions enshrined in the civil legal tradition. Civillegal tradition empowers state organs such as courts as well aslawyers and plaintiffs to fight for the protection of theiridentities. This empowers their claim of discrimination and createsroom for better protection2.
Doesthe protection of identities comport with the Christian worldview?
Theprotection of identities under civil legal tradition does not comportwith the Christian worldview. A good example is a controversialdebate on same-sex marriages and homosexuality. Civil laws provideprotection to people regardless of their sexual orientation1.However, Christians have clear views about controversies such ashomosexuality and the rights of heterosexuals. Therefore, as much asthe civil legal tradition tries to protect the identity each person,Christian worldviews have limits on the extent of protecting certainidentities.
GreatLegal Traditions: Civil Law, Common Law, and Chinese Law inHistorical and Operational Perspective John Head – (CarolinaAcademic Press – 2011)
RomanLaw and the Origins of the Civil Law Tradition. George Mousourakis –(Springer International Publishing – 2015)
1 Great Legal Traditions: Civil Law, Common Law, and Chinese Law in Historical and Operational Perspective John Head – (Carolina Academic Press – 2011)
2 Roman Law and the Origins of the Civil Law Tradition. George Mousourakis – (Springer International Publishing – 2015)