freediver wrote on Mar 20
th, 2014 at 8:43pm:
I am having trouble figuring out what your argument about common law is. You made some grandiose claims about it earlier. Those claims have vanished into thin air and been replaced with some moronic rightards vs leftards argument.
YEAH, SORRY, FD, I assumed too much education and didn't reckon with the plebian reflexes. Anyway, the idea was first articulated by Churchill (yes, the one who knows nothing about history compared to the experts clogging up this board).
He identified Law, Language and Literature as the things that bind people together. He specifically referred to English common law and regarded its manifestations, from the Magna Carta to the American Declaration of Independence, as expressions of the same, unique, bottom-up social and legal thinking.
At the risk of spelling it out - nobody here needs anything spelled out, of course - the continental, Roman Napoleonic legal thinking is top down. This is in no small measure the source of tension between the UK and the EU and accounts for much of the English (not British_) popularity of UKIP. It nicely illustrates the tension between common law tradition and of trying to bring together common law and codified (Roman/Napoleonic) law.
And I am very sorry there is no royal road to these insights and I am afraid no Wiki either. You will simply have to read books and Mr Google will not be of much use. Start with Churchill's History of the English Speaking peoples, Vol 4 The Great Democracies. It was one of the works Churchill got the Nobel Prize for (literature, not peace, you will be surprised to learn). It is a superb example of the Language and Literature that binds us, even if you want to (you know you wan to ) argue about the Law.