Pah
Uber all member
Common law ,the term, as a description of a system of law, has been applied to most every such sysyem including today's. It, in fact, made the google research rather difficult weeding out those that clearly did not apply to the origin of American law or a basic definition.
Word IQ has a definition of common law that has traces back to Henry II who codified English common law. It also seems to agree with the power of the jury of which you spoke.
see also Civil Law at Word IQ
I have stumbled accross a new reference that speaks of the establishmnet of common law in Connecticut written by Jesse Root, 1798.
The Origin of Government and Laws in Connecticut
Although terms that strike a chord in the religious are used, the tenor of the writing is, in my reading, wholly secular. It goes so far as to say that English common law was derived from the feudal system.
It further says
The highest authority recognized in common law was common law itself.
There is an overwhelming number of original states that produced Constitutions circa 1776 that fail to mention God. Three mention a creator or Author of creation Only South Carolina placed articles of faith in one of their constitutions (the second one in 1778) making it a Christian state. The Constitution of Massachuestts was unavailable in this library (The Avalon Project at Yale Law School) Almost all mentioned the rights from England (common law).
The documents speak for themselves. There was no inclusion of Biblical law in our founding.
By the way, there were NO witches burned at the stake in the Salem witch trails but I think the number hung was 26.
Word IQ has a definition of common law that has traces back to Henry II who codified English common law. It also seems to agree with the power of the jury of which you spoke.
see also Civil Law at Word IQ
I have stumbled accross a new reference that speaks of the establishmnet of common law in Connecticut written by Jesse Root, 1798.
The Origin of Government and Laws in Connecticut
Although terms that strike a chord in the religious are used, the tenor of the writing is, in my reading, wholly secular. It goes so far as to say that English common law was derived from the feudal system.
It further says
Their common law was derived from the law of nature and of revelation - those rules and maxims of immutable truth and justice, which arise from the eternal fitness of things, which need only to be understood, to be submitted to, as they are themselves the highest authority; together with certain customs and usages, which had been universally assented to and adopted in practice, as reasonable and beneficial....
The highest authority recognized in common law was common law itself.
There is an overwhelming number of original states that produced Constitutions circa 1776 that fail to mention God. Three mention a creator or Author of creation Only South Carolina placed articles of faith in one of their constitutions (the second one in 1778) making it a Christian state. The Constitution of Massachuestts was unavailable in this library (The Avalon Project at Yale Law School) Almost all mentioned the rights from England (common law).
The documents speak for themselves. There was no inclusion of Biblical law in our founding.
By the way, there were NO witches burned at the stake in the Salem witch trails but I think the number hung was 26.