Purpose
The objectives of civil law are different from other types of law. In civil law there is the attempt to right a wrong, honor an agreement, or settle a dispute. If there is a victim, they get compensation, and the person who is the cause of the wrong pays, this being a civilized form of, or legal alternative to, revenge. If it is an equity matter, there is often a pie for division and it gets allocated by a process of civil law, possibly invoking the doctrines of equity. In public law the objective is usually deterrence, and retribution.
An action in criminal law does not necessarily preclude an action in civil law in common law countries, and may provide a mechanism for compensation to the victims of crime. Such a situation occurred when O.J. Simpson was ordered to pay damages for wrongful death after being acquitted of the criminal charge of murder.
Civil law in common law countries usually refers to both common law and the law of equity, which while now merged in administration, have different traditions, and have historically operated to different doctrines, although this dualism is increasingly being set aside so there is one coherent body of law rationalized around common principles of law.
Read more about this topic: Civil Law (common Law)
Famous quotes containing the word purpose:
“I envy neither the heart nor the head of any legislator who has been born to an inheritance of privileges, who has behind him ages of education, dominion, civilization, and Christianity, if he stands opposed to the passage of a national education bill, whose purpose is to secure education to the children of those who were born under the shadow of institutions which made it a crime to read.”
—Frances Ellen Watkins Harper (1825–1911)
“Language, the machine of the poet, is best fitted for his purpose in its rudest state. Nations, like individuals, first perceive, and then abstract. They advance from particular images to general terms. Hence the vocabulary of an enlightened society is philosophical, that of a half-civilised people is poetical.”
—Thomas Babington Macaulay (1800–1859)
“I have never doubted your courage and devotion to the cause. But you have just lost a Division, and prima facie the fault is upon you; and while that remains unchanged, for me to put you in command again, is to justly subject me to the charge of having put you there on purpose to have you lose another.”
—Abraham Lincoln (1809–1865)