Foreseeability: a point of juncture between common law and civil law legal orders

The current era witnesses a dynamic evolution in legal systems, notably blurring the traditional demarcations between civil law and common law. Long-standing distinctions between these legal families, once fundamental, now appear increasingly fluid amid the rapid evolution of laws and their application. Courts, in response, are redefining their roles, incorporating constitutional principles and precedents into their decisions. In civil law realms, legal remedies are transcending mere legislative prescriptions, while common law jurisdictions are experiencing a trend toward greater legislative influence. Nevertheless, inherent disparities persist, exemplified by the conflict between the principle of legality and judicial precedent. Despite these differences, a convergence between civil and common law traditions is emerging: the principle of predictability which is at the core of institutions like the European Court of Human Rights. Indeed, some judicial cases have been analysed. This shift towards a more harmonized legal landscape promises to blend the best attributes of both legal systems, fostering a more adaptive and equitable framework for contemporary legal challenges.