Re: Not sure it is.

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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