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Google+As my Civil Procedure exam is now over, I am now focusing on updating my Criminal Law materials on Notes from Law School.
Done with Civil Procedure, on to Criminal Law
Related Posts
- Civil law's influence on early United States law
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It is a law-school maxim today that the United States is a common-law country, while most of Europe uses civil law: English-derived common law has as its most basic tenet the binding nature of judicial precedent, while Roman-derived civil law privileges statutes. But the more I investigate the history and details of each, the more clear it becomes to me that the United States, at least, owes (almost?) as much of its legal system to civil law as it does to "pure" common law.
- Federal common law in the nineteenth century
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When the United States Constitution bound the states together in 1789, the common law (in sense #2)--inherited largely from England--was slowly but inexorably being replaced by statutory laws that often, but not always, codified earlier practices.
- Civil law and courts of equity: the common law is hybrid law
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The Roman civil law tradition (which prevails in Europe) has had a larger impact on American jurisprudence than is generally acknowledged. Indeed, although the United States considers itself a common-law country, we in fact use a system that combines common (judge-made, customary, adversarial, precedent-focused) with civil (usually statute-based and inquisitorial) law, but which in England focused on "equity" or fairness and justice.
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Civil law's influence on early United States law
Civil law's influence on early United States law
About Kristopher Nelson
I'm currently a graduate student of the history of law and technology at the University of California, San Diego. I also provide law and technology consulting services.
Additionally, I'm a non-practicing lawyer and former developer/sysadmin at a biotech non-profit. For more about me and my work, see krisnelson.org or my Google Profile. Post Metadata
Post title: Done with Civil Procedure, on to Criminal Law
Authored by: Kristopher Nelson
Date posted: May 4, 2007
Categorized as: education • law • news
Tagged with: law
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