MoneyEssay Preview: MoneyReport this essayI now deal with a species1 of law known as the common law.Common law is law that comes from the common people, vers., legislation, which, comes from the “experts.”Common law comes about at the root levels of society: it is not law that is imposed by some authority from on high. The development of common law was “essentially a private affair concerning millions of people throughout dozens of generations and stretching across several centuries.” It is a process that is self adjusting and which goes on everyday unnoticed, without great expense to the state and with out fractionalizing society. This is to be compared to the legislative process, a comparison I make elsewhere.
A law is defined in the English language. As a result, common law is “like every other piece of legislation in life.”A common law is:
The common law of any body: (a) A new constitution, adopted by a majority in any body
(b) Rules with an upper limit: no person of any race, color, religion, or national origin can become a member of another body at any time, not even after the passage of that new constitution
When: Every common law shall be adopted by a majority (a majority vote at the convention) after a majority vote from all the States, and its provisions shall pass by a majority vote of both Houses of Congress.
But what is common law you ask, is it:
an order or an instrument of an act of Congress enacted in pursuance of this law;
a rule enacted by a majority vote of both Houses of Congress,
or a rule enacted into the Constitution of the United States, written by, or under the authority of, one or more of the States and written by the President of the United States, or under the command or authority of one of the other states;
a law proposed or proposed by either of the two States, or ratified by either of them;
a statute, ordinance of a legislature of any one of the States, adopted by, or under the direction of, another state or of the United States, or by any statute that the President approves of his being a law judge or a member of Congress or of any public or private body of the people in a state or as an officer or director of a business or any other governmental body of which his office is a member;
a court proceeding under the United States Constitution, or an arbitration under the Constitution of the United States, the decision of which is binding upon all persons or agencies of the United States;
a declaration by a public or private corporation or trade body of its rights under the Law and of its right under the Constitution including that in its law books and its procedures;
a declaration by a judicial authority within its jurisdiction under Article 2 of the Constitution.
The common law of any body is:
Every person who, having paid a penalty to the United States for any act that is contrary to this Constitution, may take any action for the improvement thereof, be liable in any court of the United States, and in any other court for injury done to, or the discharge thereof, to any person (except a judge) under any court of the United States, but on such terms and conditions, as may be prescribed in regulations made by him. No court shall have jurisdiction over any proceeding if it are instituted as a matter for a judgment under the United States Constitution.
Common law does not originate from the English language. It is the result of
A law is defined in the English language. As a result, common law is “like every other piece of legislation in life.”A common law is:
The common law of any body: (a) A new constitution, adopted by a majority in any body
(b) Rules with an upper limit: no person of any race, color, religion, or national origin can become a member of another body at any time, not even after the passage of that new constitution
When: Every common law shall be adopted by a majority (a majority vote at the convention) after a majority vote from all the States, and its provisions shall pass by a majority vote of both Houses of Congress.
But what is common law you ask, is it:
an order or an instrument of an act of Congress enacted in pursuance of this law;
a rule enacted by a majority vote of both Houses of Congress,
or a rule enacted into the Constitution of the United States, written by, or under the authority of, one or more of the States and written by the President of the United States, or under the command or authority of one of the other states;
a law proposed or proposed by either of the two States, or ratified by either of them;
a statute, ordinance of a legislature of any one of the States, adopted by, or under the direction of, another state or of the United States, or by any statute that the President approves of his being a law judge or a member of Congress or of any public or private body of the people in a state or as an officer or director of a business or any other governmental body of which his office is a member;
a court proceeding under the United States Constitution, or an arbitration under the Constitution of the United States, the decision of which is binding upon all persons or agencies of the United States;
a declaration by a public or private corporation or trade body of its rights under the Law and of its right under the Constitution including that in its law books and its procedures;
a declaration by a judicial authority within its jurisdiction under Article 2 of the Constitution.
The common law of any body is:
Every person who, having paid a penalty to the United States for any act that is contrary to this Constitution, may take any action for the improvement thereof, be liable in any court of the United States, and in any other court for injury done to, or the discharge thereof, to any person (except a judge) under any court of the United States, but on such terms and conditions, as may be prescribed in regulations made by him. No court shall have jurisdiction over any proceeding if it are instituted as a matter for a judgment under the United States Constitution.
Common law does not originate from the English language. It is the result of
A law is defined in the English language. As a result, common law is “like every other piece of legislation in life.”A common law is:
The common law of any body: (a) A new constitution, adopted by a majority in any body
(b) Rules with an upper limit: no person of any race, color, religion, or national origin can become a member of another body at any time, not even after the passage of that new constitution
When: Every common law shall be adopted by a majority (a majority vote at the convention) after a majority vote from all the States, and its provisions shall pass by a majority vote of both Houses of Congress.
But what is common law you ask, is it:
an order or an instrument of an act of Congress enacted in pursuance of this law;
a rule enacted by a majority vote of both Houses of Congress,
or a rule enacted into the Constitution of the United States, written by, or under the authority of, one or more of the States and written by the President of the United States, or under the command or authority of one of the other states;
a law proposed or proposed by either of the two States, or ratified by either of them;
a statute, ordinance of a legislature of any one of the States, adopted by, or under the direction of, another state or of the United States, or by any statute that the President approves of his being a law judge or a member of Congress or of any public or private body of the people in a state or as an officer or director of a business or any other governmental body of which his office is a member;
a court proceeding under the United States Constitution, or an arbitration under the Constitution of the United States, the decision of which is binding upon all persons or agencies of the United States;
a declaration by a public or private corporation or trade body of its rights under the Law and of its right under the Constitution including that in its law books and its procedures;
a declaration by a judicial authority within its jurisdiction under Article 2 of the Constitution.
The common law of any body is:
Every person who, having paid a penalty to the United States for any act that is contrary to this Constitution, may take any action for the improvement thereof, be liable in any court of the United States, and in any other court for injury done to, or the discharge thereof, to any person (except a judge) under any court of the United States, but on such terms and conditions, as may be prescribed in regulations made by him. No court shall have jurisdiction over any proceeding if it are instituted as a matter for a judgment under the United States Constitution.
Common law does not originate from the English language. It is the result of
Before getting into the specifics of the common law, let me first set forth a small speech given in 1875 by an obscure judge. The name of the judge was The Honourable Joseph Neilson, Chief Justice of the City Court of Brooklyn. He gave this address at some sort of a gathering, (not in a court, I dont think). The publisher of the book2 in which I discovered this short speech, entitled it “The Growth of Principles.”
“At the sea shore you pick up a pebble, fashioned after a law of nature, in the exact form that best resists pressure, and worn as smooth as glass. It is so perfect that you take it as a keepsake. But could you know its history from the time when a rough fragment of rock fell from the overhanging cliff into the sea, to be taken possession of by the under currents, and dragged from one ocean to another, perhaps around the world, for a hundred years, until in reduced and perfect form it was cast upon the beach as you find it, you would have a fit illustration of what many principles, now in familiar use, have endured, thus tried, tortured and fashioned during the ages. We stand by the river and admire the great body of water flowing so sweetly on; could you trace it back to its source, you might find a mere rivulet, but meandering on, joined by other streams and by secret springs, and fed by the rains and dews of heaven, it gathers volume and force, makes its way through the gorges of the mountains, plows, widens and deepens its channel through the provinces, and attains its present majesty. Thus it is that our truest systems of science had small beginnings, gradual and countless contributions, and finally took their place in use, as each of you, from helpless childhood and feeble boyhood, have grown to your present strength and maturity. No such system could be born in a day. It was not as when nature in fitful pulsations of her strength suddenly lifted the land into mountain ranges, but rather, as with small accretions, gathered in during countless years, she builds her islands in the seas.
“It took a long time to learn the true nature and office of governments; to discover and secure the principles commonly indicated by such terms as Magna Charta, the Bill of Rights, Habeas Corpus, and the Right of trial by jury; to found the family home, with its laws of social order, regulating the rights and duties of each member of it, so that the music at the domestic hearth might flow on without discord; the household gods so securely planted that Though the wind and the rain might enter, the king could not; to educate noise into music, and music into melody; to infuse into the social code and into the law a spirit of Christian charity, something of the benign temper of the New Testament, so that no man could be persecuted for conscience sake, so that there should be an end of human sacrifice for mere faith or opinion; the smouldering fires at the foot of the stake put out, now, thank God, as effectually as if all the waters that this night flood the rivers had been poured in upon them. It took a long time to learn that war was a foolish and cruel method of settling international differences as compared with arbitration; to learn that piracy was less profitable than a liberal commerce; that unpaid labor was not as good as well-requited toil; that a splenetic old woman, falling into trances and shrieking prophecies,