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Law - Essay Example

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“Law refers to a general rule of action, taking cognizance only of external acts enforced by a determinate authority, which authority is human, and among human authorities is that which is permanent in a political society”.
Common law is a law created by judges, as opposite…
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Download file to see previous pages... The main feature of the English legal system is that it is living and constantly evolving to work in the future as well as it did in the past1.
Thus the single most unique feature of the English legal system is its inheritance from common law2. Most of the characteristics commonly linked to English law and its management of righteousness are traceable to the early on growth in Western Europe of the civil and common law customs. According to Goodman (1995), "several characteristic consequences flow from the fact that law did not emanate from one centralised authority such as papacy, king or parliament.
The odd growth of the common law in England developed it appears from a coincidence resemblance of the implementation after the Norman take-over by consecutive monarchs of native customs as the foundation for the governance of justice. Conflict assessment, chiefly concerning land title, was a key function for justice. Judges were nominated by the king to tour the country and decide controversies, aided by a local adjudicator included by the Normans into operational royal courts. The trial accepted a key role in the settlement of disputes.
Wilson (1995) states that “Everyone takes for granted the fact that law and legal systems differ in different countries. But it is also true of legal scholarship. One reason for this is the different responsibilities legal scholars have in different countries for the maintenance and development of the local law...One result is that legal scholars in different countries may have different agendas and this may affect the subject matter, scope and even the form and style of the local legal scholarship.”
According to Blackstone and Morrison (2001) common law was "... to be found in the records of our several courts of justice in books of reports and judicial decisions, and in treatises of learned sages of the profession, ...Download file to see next pagesRead More
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