History
The basic outlines of Czech law originate from the age of enlightened absolutism, from 19th century Civil Code of the Austrian Empire (famous ABGB).
These very thorough and thick books are a prime example of the Napoleonic, byzantine system known as Continental (or civil) law tradition and of course leave no space for common law. The main source of the law is thus legislature.
During major regime changes (the creation of sovereign and democratic state in 1918, German occupation, communist takeover, Russian occupation, revolution in 1989 – good few for such a small nation in such a short period), the way chosen was always hanging onto legal continuity and gradual adaptation and amendments of statutes to the new situation.
The procedure is inquisitorial, based on the what the Romans did, although, as in most of continental Europe, it is now being more and more contaminated (in a good way) by the adversarial system. Still there is no place for jury. The judge (or panel of judges) is the main actor of the proceedings.
Read more about this topic: Czech Law
Famous quotes containing the word history:
“We have need of history in its entirety, not to fall back into it, but to see if we can escape from it.”
—José Ortega Y Gasset (1883–1955)
“Every generation rewrites the past. In easy times history is more or less of an ornamental art, but in times of danger we are driven to the written record by a pressing need to find answers to the riddles of today.... In times of change and danger when there is a quicksand of fear under men’s reasoning, a sense of continuity with generations gone before can stretch like a lifeline across the scary present and get us past that idiot delusion of the exceptional Now that blocks good thinking.”
—John Dos Passos (1896–1970)
“The history of literature—take the net result of Tiraboshi, Warton, or Schlegel,—is a sum of a very few ideas, and of very few original tales,—all the rest being variation of these.”
—Ralph Waldo Emerson (1803–1882)