Common Law

Common Law Defending the nous of un compose rightfulness has never been easy. Jeremy Bentham thought the very expression to be a inconclusive and unmeaning epithet. In his view, social reform demand decided and accurate lawslaws that [w]e see, we hear, we touch; in short we consider This existential concept of law follows from the brainl of law as something produced by apprised acts of sovereign will. Central to this concept be, to use H.L.A. bring outs expression, rules of change that permit societies to escape the confines of original custom. The progressive butt against of legal theory, it may be said, has been by from medieval notions of law as customs practiced credit out of mind or as the immutable dictates of inherent law, away from the fiction that judges discover quite than realize out law, and towards modern notions of law as creative policy-making acts preserve in writing. In terms of constitutional law, this march leads to the idea of w ritten constitutionalism, a destination that the rebelling American colonists are frequently said to have reached first. It was a task especially mute to the American people, wrote Alexander Hamilton, to demonstrate to the world that constitutions might be established through reflection and choice rather than misfortune and force.

In contrast to the unwritten British constitution, close which on that point was nothing visible, nothing real, the join States Constitution was a certain and fixed law represented by the right hand of the people, the work or will of a populace acting in its original, sovereign, and immeasurable capacity. Its integrity lay not just in the hope of certainty that the prospect of a written c! ock nourished, but in like manner in the idea that this instrument was the product of a conscious and collective political acta compact, as John Jay observed, intentionally formed, maturely considered, and solemnly adopted by the will of the people. comparable written law in general, written constitutional law manifests the...If you want to get a adequate essay, order it on our website: OrderEssay.net

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