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To: Republican Party Reptile

"Common law is a result of a natural order which first solidified into custom and then into law. Primitive man knew nothing of laws, all he knew were customs which eventually evolved into rules of living. While no one can point to the origins of our traditional moral rules, their function in human society should be evident. These moral rules, or traditions, are necessary to preserve the existing state of affairs; such that culture was allowed to evolve, and in turn, with culture, civilizations arose (Landry, 1997, p. 4). The Royal Courts of the thirteenth century were confronted with cases for decisions. There was no uniform body of statutes to rely upon. The only available source was local custom. It did not take many generations of Royal Judges, dealing with actual disputes, to establish the local and divergent customary laws into a single jurisprudence which was the Common Law of England (Read, 1955, p. 42)."

http://www.iejs.com/Law/origins_of_common_law.htm


482 posted on 08/27/2006 2:55:04 PM PDT by Mojave
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To: Mojave
Your own link supports our position of judge made law. From your post:

The Royal Courts of the thirteenth century were confronted with cases for decisions. There was no uniform body of statutes to rely upon. The only available source was local custom. It did not take many generations of Royal Judges, dealing with actual disputes, to establish the local and divergent customary laws into a single jurisprudence which was the Common Law of England

The Royal Judges made decisions which made "divergent customary laws into a single jurisprudence." Judge made law.
483 posted on 08/27/2006 2:58:54 PM PDT by jf55510
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