Roman civil law > Anglo common law
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Gnon almighty, no.
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Not seeing why that's particularly a common law problem. Progs seem to "find" most of their wacky shit in the Constitution.
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That's the movement from a defensive and prophylactic law to an optimization. An optimized law is one that becomes ambient, or unnecessary to "enforce."
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Canadian law professor admits that there are no facts or evidence to prove that constitutions statutes APPLY to anyone at all. Laws APPLY, "because we say so."https://youtu.be/Pds02cA2bUE
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How does this square with the idea that in pre-Magna Carta common law jurisdictions the juridical head is the monarch, who both makes law and can hear cases?
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Common law was pre "the monarch". "The responsibility for the formulation and application of the folkright rested, in the 10th and 11th centuries, with the local shire moots (assemblies); the national council of the realm, or witan, only occasionally used folkright ideas."
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good thing I'm not committed to such a ridiculous notion.
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