The main difference is that, in common law countries such as the U.S. In the United States and the United Kingdom, judges can enact laws in certain areas. In civil law countries such as Germany and France,. Common law is essentially case law judgments that most states agree with.
Common law is not binding on a particular state because it stems from several cases in all states. When law students learn law, they learn common law, the majority rule in states. Conceptually, civil law starts from abstractions, formulates general principles and distinguishes substantive rules from procedural rules. The civil law system often contrasts with the common law system, which originated in medieval England, whose intellectual framework historically stems from the uncodified jurisprudence of judges, and gives precedence authority to previous judicial decisions.
You haven't exactly convinced me that customary law is better than civil law, but rather more than a hybrid system (e.g., if the court determines that the current controversy is fundamentally different from all previous cases (called a matter of first impression) and the legislative statutes say nothing or are ambiguous about the issue, judges have the authority and the duty to resolve the issue (one of the parties must win and, in the event of a disagreement between laws, the judges make that decision). On the other hand, a civil law system has all the applicable laws and regulations readily available (assuming one has the time and the inclination to search for them), allowing a person with a more general education to find out what rules apply. The civil law system is the most extensive legal system in the world and is in force in a variety of ways in some 150 countries, including France and Germany. I am willing to analyze the advantages and disadvantages of the various combinations of civil and customary law, and what could be the ideal combination of both (assuming I am not convinced that customary law is directly better)).
The civil law system is intellectualized within the framework of Roman law and with the basic principles codified in a referable system, which serves as the main source of law. The brief articles of a civil law code address general aspects and contrast with ordinary statutes, which are usually very long and detailed. In cases where the parties disagree about what the law is, a common law court reviews the previous decisions of the relevant courts and synthesizes the principles of those previous cases to apply them to current facts. In law, common law (also known as judicial case law or case law) is the set of laws that derive from the judicial decisions of courts and similar tribunals.
A place to post an opinion that you accept may be flawed, in an effort to understand other perspectives on the topic. A good example of common law is that a defendant is only responsible for the reasonable and foreseeable consequences of their actions.
