English common law is not the same as the common law of England or just plain common law, because someone tried to codify the common law. Common law is lex non scripta. It isnt written down. It is whatever you believe until proven wrong by the claim of another man. Common law is the law of the land (synonymous with law of the people) also called due process. The expression due process of law and law of the land have the same meaning...the law intended by the constitution is the common law that has come down to us from our fore fathers, as it existed and was understood and administered when that instrument was framed and adopted.* State v Doheny 60 Maine 504,509 (1872) What is due process of law may be ascertained by an estimation of those settled usages and modes of proceedings existing in the common [law] and statute law of England before the emigration of our ancestors * Twining v New Jersey 211 U.S.78, 100 (1908) Just remember, do not cite legal cases when you use common law.
Posted on: Thu, 25 Sep 2014 05:00:07 +0000
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