freediver wrote on Apr 8
th, 2014 at 9:54pm:
Common law is merely a different way of imposing order.
Of course. ANy law's function is to impose or create or maintain order.
freediver wrote on Apr 8
th, 2014 at 9:54pm:
It is more responsive in the sense that it is quicker, but it is also less accountable to the people.
That is my central point - if you read David Hume and Jacques Rousseau, you will see just how different even Enlightenment can be. So the difference common law makes is the point.
freediver wrote on Apr 8
th, 2014 at 9:54pm:
It is more responsive in the sense that it is quicker, but it is also less accountable to the people. Not that I am criticising it. I just don't see your point.
How is it less responsive to the people? It is discovered/made in open court, drawing on past cases and the way they were resolved before other open courts. The common, shared life and experience of the people IS the central feature of common law.
freediver wrote on Apr 8
th, 2014 at 9:54pm:
The French vs British thing is interesting. The book credits France with spreading pluralism throughout the rest of western Europe via Napolean.
Napoleon crowned himself emperor - he ended up as
unpluralistic as pre-1789 France. Not even Louis XVI was an Emperor.
Quote:I appreciate the two different models. But you are not making the relevance of common law stick. You are just playing word association games. Bottom up = good.
If you appreciate the different models of English and French Enlightenment, political and legal systems - to what do you attribute the difference if not to the way the English and the French organise themselves into a society, the way they relate to each other, the bonds they recognise etc?
Common law is possible in a society like the English and Danish societies (the two oldest common law countries) and their similarity to each other and difference to France and the French style social organisation is remarkable and obvious even after a cursory look.
The legal system is a daily expression of how people relate to each other and to their countries and communities and how they regard the nature of their bonds to each other. If this is not a determining factor shaping a society - what is?