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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: A. Pole
Modern continental law is in such relationship to the common law as kilograms and meters are to pounds and yards.

You need to come up with a new analogy, this one is silly.

Kilograms and meters are exactly convertable to and from pounds and yards. There is no usable difference. Computing any result in either form (English/Metric) gives answers that are equivalent. You can claim there is some convenience in using metric in getting the result, but the result is the same.

To compare that to the difference between 'the state has to prove your guilt', and 'you have to prove your innocence' is absurd. The results provided by the English and Napoleonic judicial methods are not the same.

26 posted on 12/05/2005 9:01:24 PM PST by slowhandluke (It's hard work to be cynical enough in this age)
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