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Originally Posted by jerrypitts
When men/women lived in secluded colonies/villages composed of only a few. Now considering the common law of those communities, it is also apparent that a fishing community would have a different set of common laws as that of a more industrialized community. Therefore, it would also be reasonable to presume that the common law would be more aptly defined as 'a set of laws/rules of behavior that are locally accepted as normal for that community.' At least that is my humble opinion. What say the others in this forum?
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From my prespective, were we to look at all local law/customs, they all have certian elements in common.
Upon further contemplation, these common elements, or principles for right living are universal in scope. They are found in all scriptures & philosophies.
Since the scriptures and philosophies are the root of the thinking of the people, this is the common ground. This is the place that the initial 'meeting of the minds' occures for building any socitial system.
When we strip away the things that are different, and the remainder is refined down to its base principle, we find that there is a global system of law that all people already comprehend & are already living & that is being enforced by the people.
As soon as there are additions to the common law & base set of principles, I would call that '
local customs', or '
local law',
not '
common law', even though local law and customs will be rooted in common law, it is still an addition or comentary on common law.
Further, any
just 'local law' will be rooted in the 'common law'. We find in this day and age more and more statutes that are repugnent to common law.
To use jerry's two example cultures, a basic industrial & fishing community: you will find in both, laws on waste disposal, and while the wording of the laws would be different in the laws dealing with waste disposal, the goal is the same: To prevent the toxification of the environment.
Would anyone want their neighbor to produce so much trash/waste that it poisoned the water they drink or the air they breath? No. Thus, such activity would consist of actions, done to others, that people wouldn't want done to them.
You would also find that killing, assult, & theft are crimes in both the example cultures, and that these crimes have nothing to do with the means by which the culture sustains itself.
All just law can be found rooted in the common law.