In this article, I discuss the trade-off between common law and civil law. This was the topic of debate during round 5 of the Eindhoven Open 2020.
Infoslide: In a civil law system (like in the Netherlands, Germany and France), the law is primarily made by parliament. Judges apply and interpret it but generally try to keep as close to it as possible. In a common law system (like the UK and US), the law is primarily made by judges. They formulate generally applicable rules based on individual cases, which they base on what is common and what is perceived as just.
Motion: This House prefers a common law system over a civil law system.Round 5 – Eindhoven Open 2020
Editor’s note: From this tournament report on, we will use a new style where we give a shorter summary of the tournament and then dive deeper into one of the motions at the tournament so that this may be used for training purposes, for example. The writer will propose one argument in favour and one against. We welcome everyone to leave their thoughts on the motion in the comments at the bottom of the page!
On the first weekend of February, the days were finally here: the first-ever Eindhoven Open. We knew the CA team was excellent, we knew the Eindhoven debating society, so we were all really excited for the tournament. And looking back at the tournament now, I think we can all agree that it was a big success and definitely deserves another edition next year.Read More