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To: A. Pole
The Constitution predates Napoleon, of course.

I agree it's in effect a sort of "codification" of common law (as are amendments). But it was limited. Mostly to foreign and interstate affairs. The states continued common law for practically everything that mattered. They have had to make frequent "recodifications" over the years

Having adversaries before a jury and judge is expensive and wasteful. I think the lessons learned there are better than those learned through reviews of specialists (or insisted on by the peasantry). It's like experimentalism in science vs peer review. You've got to have both.

I suspect I had would find much feudalism at the heart of Polish law, but I haven't examined it. There is much feudalism in the common law. Those "pre-existing rights" one poster mentioned were once only held by nobles. Every where but the US the law, in tradition and history, is a tool for treating the peasantry so they give the least trouble to the nobles.

15 posted on 12/05/2005 6:18:10 PM PST by mrsmith
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To: mrsmith
The Constitution predates Napoleon, of course.

Of course! Napoleon did not invent the codex law. He implemented it. The idea of codices/constitution was developed in XVIII century France and had earlier antecedents in Christian Roman law (Justinian Codex)

Having adversaries before a jury and judge is expensive and wasteful.

In continental law you can have SEVERAL judges acting as a jury and chain of appeals before DIFFERENT judges from different court.

I suspect I had would find much feudalism at the heart of Polish law, but I haven't examined it.

The reverse is true - it is the common caw that contains feudal elements. Modern continental law is in such relationship to the common law as kilograms and meters are to pounds and yards .

18 posted on 12/05/2005 6:38:59 PM PST by A. Pole (Mahatma Gandhi: "Truth stands, even if there be no public support. It is self-sustained.")
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To: mrsmith
Every where but the US the law, in tradition and history, is a tool for treating the peasantry so they give the least trouble to the nobles.

Serfdom was abolished in Europe BEFORE slavery was abolished in USA. And Napoleon had his share in it.

19 posted on 12/05/2005 6:40:34 PM PST by A. Pole (Mahatma Gandhi: "Truth stands, even if there be no public support. It is self-sustained.")
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