The overwhelming use of civil instead of common law by the world would beg to differ that there is any consensus on this.

I agree with a lot of the advantages of common law that can sort of legislate through precedent. But it does make it basically impossible to be on notice of what is illegal and what isn't, particularly in the modern world where not only are there hundreds of thousands of law and thousands of pages of federal "regulations" bound as law but you also have to know all the precedent and asterisks to the interpretations to know what is actually illegal.