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Thread: On common law, DeTocqueville v. Blackstone from the Volokh Conspiracy w/ good comment

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    On common law, DeTocqueville v. Blackstone from the Volokh Conspiracy w/ good comment

    From Eugene Volokh - Two fun quotes:

    [From Alexis deTocqueville, Democracy in America:] Nothing could be more obscure and out of reach of the common man than a law founded on precedent…. A French lawyer is just a man of learning, but an English or an American one is somewhat like the Egyptian priests, being, as they were, the only interpreters of an occult science.
    [From Sir William Blackstone, Commentaries on the Laws of England:] The English law is less embarrassed with inconsistent resolutions and doubtful questions, than any other known system of the same extent and the same duration. I may instance in the civil law: the text whereof, as collected by Justinian and his agents, is extremely voluminous and diffuse; but the idle comments, obscure glosses, and jarring interpretations grafted thereupon by the learned jurists, are literally without number. And these glosses, which are mere private opinions of scholastic doctors (and not, like our books of reports, judicial determinations of the court) are all of authority sufficient to be vouched and relied on; which must needs breed great distraction and confusion in their tribunals.
    http://www.volokh.com/2013/10/13/det...-v-blackstone/

    Many here are confused and ignorant of the common law. Raise one's legal Que to 100, read and think beyond this watering trough.
    Last edited by Nightmare; 10-14-2013 at 07:27 AM.
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    Quote Originally Posted by Nightmare View Post
    From Eugene Volokh - Two fun quotes:

    http://www.volokh.com/2013/10/13/det...-v-blackstone/

    Many here are confused and ignorant of the common law. Raise one's legal Que to 100, read and think beyond this watering trough.
    +1

    Although he doesn't particularly claim it, forum member User deserves the handle legal scholar or perhaps historian. He's got an in-depth understanding of the common law. Its well worth paying attention to his posts. Add that the law is his second career, and one has to kinda stand in awe.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

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    Quote Originally Posted by Citizen View Post
    +1 ... Its well worth paying attention to his posts. ...
    I agree, I do, and I don't believe that I comment in his threads for shunning some sycophants. (The meaning of the word is precise in this instance.)
    I am responsible for my writing, not your understanding of it.

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    Citing common law as the foundation of a legal system that could convict a citizen of violating a statutory law that violates common law principles. Do either England or France enumerate a RKBA for their citizenry?

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    Quote Originally Posted by OC for ME View Post
    Citing common law as the foundation of a legal system that could convict a citizen of violating a statutory law that violates common law principles. Do either England or France enumerate a RKBA for their citizenry?
    What are these, "common law principles", please. I believe that there is sufficient jurisprudence on the common law to permit a citation rather than opinion.
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    How about this, NY state and "castle doctrine."

    Ya know, we've, you and I, been around this horse track (common law v. statutory law) before.

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