The EU and the Chinese Communist government operate under the civil law tradition, which included Prussian Law and the Code Napoleon. It originates in Roman imperial law, which included the maxim "the emperor's will is law."
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What do Brexit and Hong Kong separatism have in common? They are the latest manifestations of the deep, centuries-long separation between common law and Roman (civil) law. https://twitter.com/hongkonginforme/status/1156688792650207233 … https://swarajyamag.com/world/how-brexit-was-also-a-struggle-between-british-common-law-and-laws-of-eu …
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British and Hong Kong law are based on the English common law system, where more of the law has been based on judicial precedent than the more legislatively-centered civil law countries.
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The great dictators of the 20th century -- Lenin, Stalin, Mussolini, Hitler, Franco, Mao, Peron, Pinochet, Castro, Pol Pot, and Maduro among others -- all rose and thrived in the civil law system ultimately derived from imperial Rome.
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The U.S. is a mostly common law jurisdiction, consistent with some Hong Kong protestors flying American flags. The Brexit & HK struggles are both efforts to, among other things, preserve & protect islands of the common law tradition from encroachments of the civil law system.
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Looks like that article from Hong Kong Informer has been taken down
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Here's a link to the original National Review articlehttps://www.nationalreview.com/2019/07/hong-kong-value-common-law-tradition/ …
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I share a deep respect for the common law but I think this is a bit of a false equivalency. Reasonable to ask whether Mainland China even governs by law (rather than arbitrary power), such that it might be a separation between law vs totalitarianism rather than common vs civil.
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A lot of this goes back to the Hart Fuller debate. Can you even call the commands of a totalitarian "law" http://www.law.nyu.edu/sites/default/files/upload_documents/Positivism_and_Legality_Waldron.pdf …
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But if the claim here is more that common law systems provide a greater defense than civil to would-be tyrants ultimate destruction of law within their domains... I think I agree.
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Although, I don't think Europe is in any immediate danger of slipping into totalitarianism because of their civil law system. In which case HK separatism is a bit different than Brexit
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The legislative crack down on freedom of speech and assembly, in response to GJ, occurring in France right now has all the hallmarks of the totalitarianism due to civil law.
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See below, since April 2019 it is now illegal in France to protest without revealing your face. If you attempt to protest privately, the penalty is one year of imprisonment and 15 000 euro fine. [1]https://www.lexpress.fr/actualite/politique/loi-anticasseurs-51-associations-demandent-l-abrogation-d-un-texte-dangereux_2072505.html …
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Twitter seems to be bungling this links so it needs to be copied manually. https://fr.m.wikipedia.org/wiki/Loi_visant_à_renforcer_et_garantir_le_maintien_de_l …’ordre_public_lors_des_manifestations
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Good point and worrisome. I wonder though if the lack of a strong constitutional law tradition (free speech jurisprudence) is more to blame in this case.
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The end of Westphalia age. The golden age of Bitcoin is coming.
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nice! bitcoin and ethereum classic money, property and agreements cross cultural, legal and westphalian borders to interconnect people who love their freedom and honest work without the burden of rent seeker and crony parasites
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And we should not forget Hitler who overthrew Europe with civil law. Fortunately the US and a few Soviet volunteers fought back with common law and won. So we all have common sense now and Europe is a deserted wasteland where people flee on boats.
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Soviets had a civil law system too. The war was not civil law vs. common law.
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Dude Brexit is about destabilizing Europe for the benefit of Russia specifically and oligarchs and plutarchs, generally. It’s part of Russia’s encourage anti-democratic and autocratic systems. It is pro Roman law in your framing.
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Yes, Brexit is one of Putin's policy goals. And he has undoubtedly supported Brexit in many ways.
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