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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.
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.
And this is why America had a "Civil" war followed by a time of "Reconstruction."
In your thread you seem to imply a superiority of the common law with the example of dictators thriving from civil law societies? 1/2
Is it superior in your view? Is it possible that the civil law is just used in a much greater number of states, and thus by simple probability lead to a greater number of dictators....
@Roger_Scruton makes this point here with regards to brexithttps://www.youtube.com/watch?v=NyLJYW0_F38 …
No common law n usa...open any law books and see the base is latin!! Still under UK which is still under roman law. Thats why all has to go and return to the Law of the land!!
Thoughts @AdmiralWaugh?
A tempting hypothesis that I don’t necessarily agree with in causative terms. I do however agree about the merits of each system and some of the effects of common vs civil law
One of the principle reasons I support Brexit. A V Dicey best articulated how precious an asset Common Law is to a nation in "Introduction to the Study of the Law of the Constitution". Required reading at my law school.
But no (written) constitution to support
Some elements are documented (e.g. Fixed Term Parliament Act) but yes, a mixture of convention, tradition and statutes.
What's wrong with civil law though? Or is it just an observation?
I hadn’t considered this perspective. Awesome.
Words are the only weapon that the HKers have left! This won't end well! Look what the Romans did to the Athenians!
Dictators? why you haven't listed the American government with it. How much Latin American governments have they toppled? How much of the leaders have they killed? Surprising its an issues when the eggs come to border? It isn't a binary Civil vs Common law? Elephant in the room?
... @NickSzabo4 with utmost respect to you. If we are to have a better world we must face the elephants.... Bolton talks about Monroe doctrine and Trump MAGA but they won't address the mess the foreign policy created in this hemisphere...
I think this take. But ask anyone from the HK protest movement and I guarantee you NOT ONE will know what you’re talking about. You give them too much credit.
they don't need to understand the distinctions between civil law and common law to rebel against what they feel intuitively as a shift of both self-determination and power to a group who lives elsewhere, and has no vested interest in their lived experience.
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