And over time the courts write down what their decisions are, and why, and what the “common law” actually is, is supposedly “discovered” by this process.Ĭode Law such as Roman Law is where the sovereign (king, legislature) writes down a set of rules of behaviour that covers every situation that might arise. The court says yes or no, by applying “the common law.” Hundreds and then thousands and then millions of little disputes get decided, one by one, by the courts. But when something goes wrong and someone is hurt (physically, or economically), the injured party goes to a court and asks for compensation. The idea of the common law is that the rules of proper conduct arise “naturally” from people living their lives and the vast majority people do what they are supposed to do, without anybody telling them. These Church Laws became more and more codified and parts of it became a set of fixed doctrines. However, significant changes were made as the Church saw that its law as ‘natural’ as this was how God wants it to be. During the Middle Ages this also became the basis for large parts of Church Law. In areas conquered by the Romans the major tribal laws were codified such as for example Lex Salica in the area from the Netherlands where I was born However, over time more and more was codified along Roman Law. And this was often based on Tribal Law and was seen as natural law. Bringing the learnings from both my teachers together and adding my own understandings to it this is what I have learned so far.Ĭommon Law arises from history. Thanks to my lawyer friend and colleague Chris Savage in the USA I was able to dig deeper into this question. I was wondering if these political concepts matched the difference between Common and Roman Law. Kerry Sanders, the political concepts of Negative and Positive Law were addressed. ![]() I am interested to follow those origins further. Interestingly in places like Quebec and Louisiana the French Code sill applies and in Puerto Rico (US territory) the Spanish Code prevails. ![]() The British Common Law made it to places like the USA, Australia, Canada, and New Zealand. In many of the former French and Spanish colonies this Civil Code is still in use. The origin of most of the West-European systems dates to Roman Law, however this has greatly been adjusted by the French Civil Code and the Spanish Civil Code. Coming from the Netherlands I was well that the starting point of most of Continental Europe’s legal system is different from the Anglo Saxon (British) system.
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