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To: truth_seeker
I guess since you are neither a scholar nor a lawyer, you couldn't be expected to know that US law is based on English Common Law; England being a foreign country.

Not really the same thing, is it?  English common law is within our legal tradition, whereas German or French or Japanese or Islamic law is not.

Indeed, our basic approach to interpreting law derives from Blackstone's rules, I believe. 

127 posted on 03/02/2005 6:13:17 PM PST by Racehorse (Where your treasure is, there will your heart be also.)
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To: Racehorse

"Not really the same thing, is it? English common law is within our legal tradition, whereas German or French or Japanese or Islamic law is not."

I watched a forum on Cspan with Scalia and Breyer, on this very topic. (using International Law for US cases)

I am merely saying that our saystem looks OUTSIDE the Constitution, for guidance in Interpreting vague situations. I cited English Common Law as an example of how our system relies on Precedents.

Look, I'm not a lawyer. I merely accept this isn't a totally clear-cut situation. Listening to Scalia and Breyer, it was clear it might come up from time to time.

I guess the other side of the coin is: If given a speeding ticket on the Interstate, tell the judge there are no speed limits, on parts of the German Autobahn!!

Then take it to the Supreme Court.


128 posted on 03/02/2005 6:37:32 PM PST by truth_seeker
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