Legal culture

'[5] The Islamic legal system exemplifies law as part of a larger culture where the concepts of knowledge, right and human nature play a central role.

Rigid procedural rules and strict court room decorum or etiquette which is entrenched in western legal cultures clears the way for a more natural process of dispute resolution.

[6] In Morocco, close attention is paid to social origins, connections and identity where these concepts influence a qadi's (judge) judicial interrogation and discretion.

[6] This is attributable to the goals of law in Islamic society, which is not to hold state or religious power as supreme or to develop an exacting body of legal doctrine, but to restore relationships and then facilitate the resolution of disputes independently of rigid precedent.

In fact France, which subscribes to a civil legal system, historically gave the judge a passive role and left the parties to engage in an accusatorial manner.

[7] Nonetheless the common law culture predominately consists of oral arguments where legal representors steer the case in search of justice and reinforcement of rights.

The Jury are triers of fact in both civil and criminal cases and this reflects a particular culture of law; namely the direct involvement of society in the legal framework.

The reasons for this stem from the common law systems which have a culture to encourage, harness and capture high quality intellect and experience within a concentrated portion of non-judicial officers of the legal profession known as barristers (which includes and accounts for their subsequent appointments to higher ranking King's Counsel and Senior Counsel).

"[10] The cost of pursuing litigation influences the culture of each legal system in terms of what society perceives as the net benefit gained from the court and the profession.

[9] Therefore the net expected benefit of litigation being greater in the United States encourages a legal culture that is more litigious in nature than England.

National character is inherent in the legal institutions of the courts and parliament, their formation and their output in terms of legislation or judgments.

"[11] Evidence comes from post Mao-China, where law is seen as necessary for institutionalising and generalising ad hoc policies for economic reform and as maintaining party leadership.

Despite its democratic values underpinned by a constitution based on the German civil law it does not receive wide recognition as a state separate from the People's Republic of China.

[14][circular reference] What is evident with the People's Republic of China experience is that legal culture is susceptible to change in pursuance to socio-economic and political forces.