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To: Republican Party Reptile
Basis of Common Law was customs, which means someone (i.e. the courts and judges) had to take these "basis" and use them to "make up" the Common Law.

Courts didn't "make up" the law.

Time to refute your sourceless falsehood again.

"As we have seen the basis of Common Law was custom. The itinerant justices set out by William the Conqueror examined the different local practises of dealing with disputes and crime, filtered our the less practical and reasonable ones, and ended up with a set of laws which were to be applied uniformly throughout the country."

471 posted on 08/27/2006 12:50:24 PM PDT by Mojave
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To: Mojave
Quote you in full ... "As we have seen the basis of Common Law was custom. The itinerant justices set out by William the Conqueror examined the different local practises of dealing with disputes and crime, filtered our the less practical and reasonable ones, and ended up with a set of laws which were to be applied uniformly throughout the country."

who were these itinerant justices??? Why, judges of the court set forth by the Crown.

and what do you call the process these judges of the court were engaged in whereby they examined, filtered, the customs and practices as to ended up with laws to be applied??? Why, they were making up laws via this process.

473 posted on 08/27/2006 1:38:02 PM PDT by Republican Party Reptile
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