Hi, I am looking for someone to write an article on historical and constitutional foundation of civil and criminal law Paper must be at least 1500 words. Please, no plagiarized work! The English common law from the 12th to 15th centuries also made advances in the legal system with better differentiation of felonies from minor offenses and later with misdemeanors. Nevertheless, these systems were still regarded as primitive legal systems. It was not until a clear distinction of the criminal from the civil, the public from the private jurisdictions that legal systems finally matured and departed forever from its primitive state.
Legal systems are characterized as primitive, transitional or modern and are said to correspond to the three stages of societal development. The transitional stage is characteristic of a system that has gone past the totally primitive but has still not achieved modernity. According to Hart, the primary difference between a primitive legal system and a modern legal system is the presence of well developed secondary rules that support the primary rules, a feature of modern legal systems and absent in primitive legal systems. Primary rules are the basic laws that define the crime or the offense and prescribe the corresponding punishment. Thus, the law that defines what murder is, its elements and its punishment constitute primary law. On the other hand, secondary rules supplement primary rules by providing mechanisms for allowing their identification, their violation, and their modification. According to Hart, secondary rules are rules of recognition, rules of adjudication and rules of the amendment (Hage & Pfordten 2009 118). Moreover, other authors see modern legal systems as strictly characteristic of advanced industrial economies, where there are differentiation and stratification of institutions. These elements of stratification and differentiation are reflected in the legal systems as well.