[amenmesse]

Originally Posted by palani

Case law existed before Shepardizing. Common law existed before case law; that is to say, before extensive reliance upon reporters. Common law is also termed lex non scripta or unwritten law for a reason. But that was in the days when men could think but couldn't write really well as opposed to this age where they write really well but can't think worth a darn. As a result you end up easily being diverted by side issues that have little or no bearing on the real issue simply because there are forces at play that do not want the real issues discussed or decided.

There is a war that is being waged behind the scenes between civil law and common law. Civil law appears to be gaining an upper hand by virtue of rote reliance upon decisions of previous cases where the law stated and not objected to timely is that of statutes. Civil law has always been the law of choice of Louisiana since the French established themselves in New Orleans but the remainder of the country is under the principles of common law. In other words civil law is foreign to 49 of the 50 states. It is not foreign to Mexico or much of Europe. Common law is the law of independence while civil law dictates strictly what is permited and what is forbidden.

As in any war you get to choose sides. Reliance upon statutes and case law built up by reliance upon statutes is the dividing line in this battle.

In my view Shepardizing leads one down a path leading into the enemy camp. What's your view?

Just as an aid to your report.
http://www.svpvril.com/comcivlaw.html