That would all be well and good.

Post #348,405 by beepster 9/30/11 12:12:20 PM Reply	That would all be well and good. But it wouldn't make a difference. If the basis of common law is canon law, which it is, it's too ingrained. And I would also reply in retort that the church of england, and not canon law, was the reason for the first amendment. Sure, understanding today's complex world of the future is a little like having bees live in your head. But...there they are.
Post #348,452 by S1mon_Jester 9/30/11 5:20:53 PM Reply	Not sure it is. What began with rules ("canons") adopted by the Apostles at the Council of Jerusalem in the first century has developed into a highly complex legal system encapsulating not just norms of the New Testament, but some elements of the Hebrew (Old Testament), Roman, Visigothic, Saxon, and Celtic legal traditions. In the Roman Church, positive ecclesiastical laws, based upon either immutable divine and natural law, or changeable circumstantial and merely positive law, derive formal authority and promulgation from the office of pope, who as Supreme Pontiff possesses the totality of legislative, executive, and judicial power in his person. The actual subject material of the canons is not just doctrinal or moral in nature, but indeed all-encompassing of the human condition. While the original rules included those traditional elements above, the Canon law as a whole dictates what is acceptable and what is not. (Thus the term Canon) Common Law does not have "rules". In fact, the entire composition of Common law is based on "what has been decided before", particularly in civil suits. It's not because someone (or some God) decreed what is the ideal, but rather it's because this case is similar to the case last year. ie: stare decisis In fact...if you go back to Henry II (birthplace of Common Law) you'll see that there was a huge fight between the law of the King (Common) vs Church Law (canon).
Post #348,453 by Another Scott 9/30/11 5:26:19 PM Reply	Thank you.
Post #348,457 by beepster 9/30/11 6:47:33 PM Reply	Re: Not sure it is. It's in there. http://www.hanselawr...f/Vol1No1Art7.pdf Roman and canon law were used to fill gaps while common law was emerging. Sure, understanding today's complex world of the future is a little like having bees live in your head. But...there they are.
Post #348,463 by S1mon_Jester 9/30/11 7:48:38 PM Reply	Actually, if you read carefully... Local matters were dealt with by the feudal courts, which were eventually eclipsed by the popularity and expansion of the royal courts.The extent to which judges drew upon the Roman Law and Civil Law during the formative years of the common law is unclear. She goes on to state that because they were trained at schools that taught Roman law there must have been influences. Oh and they used Roman terms (actually they still use Latin). One writer suggests that the early royal judges made new laws Âout of necessityÂ, reshaping local customs, Roman Law and Civil Law principles to fit around the forms of action that were used in the courts. The courts never revealed the origins of these customs and principles. Instead, the doctrines of precedent and stare decisis as well as the fiction that judges merely declare the law ensured that their decisions would be presented as the product of reason. I'll grant you that our legal system (both criminal and civil) still uses Latin.
Post #348,470 by beepster 9/30/11 8:22:49 PM Reply	Can't cut and paste from pdf First paragraph page 82 Sure, understanding today's complex world of the future is a little like having bees live in your head. But...there they are.
Post #348,528 by S1mon_Jester 10/1/11 10:10:29 PM Reply	Here is your quote. The ecclesiastical courts applied the canon law, a subcategory of the Civil Law as defined. These courts dealt with the clergy and personal matters including matrimony and probate. While the jurisdiction of the ecclesiastical courts was eventually transferred to the common law courts in the 19th century, the canon law influenced equity before then,which, in turn, later became a part of the Common Law. A few thoughts. 1) Roman Law != Canon Law. 2) I am not willing to concede that Canon Law is the basis of Common Law. I will, however, concede that Canon Law influenced Common Law. (Canon law include laws of matrimony and probate after all, and these areas were originally outside the King's dominion. However, influence is slippery term. Certainly Canon Law influenced Henry VIII decision - but I'm not sure I'd argue that that they were based of Canon Law. :-)
Post #348,529 by beepster 10/1/11 10:57:24 PM Reply	Concession My first post was too broad, should have.said canon law was influential, but not "the" basis. In the areas under discussion in this thread, it was the basis...but not overall. Sure, understanding today's complex world of the future is a little like having bees live in your head. But...there they are.

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