Quote:
Originally Posted by Jim in CT
so, judeo christian principles didn’t play a meaningful
role in the founding of the USA. my bad, thanks for clarifying.
England had a monarchy. We didn’t. So we didn’t replicate english law.
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Once again you’re wrong. In fact in overturning Roe Alito incorrectly cited Blackstone.
The Origin of Law
So where does law come from? In America, our law system came from Great Britain. The settlers of the original thirteen colonies came from Europe, and they brought with them their own set of rules and principles to be used in their new society.
The English common law was the system of law in England at that time and was quickly adopted throughout the colonies. The English common law is rooted in centuries of English history. Much of the common law was formed in the years between the Norman Conquest of England in the early 11th century and the settlement of the American colonies in the early 17th century.
The English Common Law
The English common law is based on a cultural system of settling disputes through local custom. The early tribes of England each held their own set of customs, but this system became increasingly formalized as those early tribal peoples came together and organized. These ancient customs are the basic principles that eventually became part of the American system of justice.
Under English common law, disputes between two parties were handled on a case-by-case basis. However, the decision-maker did not act without guidance. The decision-maker was required to look to similar, previously decided cases and use those established guidelines and traditions. The customs of England were built upon and expanded for centuries, all through court decisions. By carrying forward and preserving these customs, the courts assured that the law was truly 'common' to all.
For example, imagine that Smith and Jones own land adjacent to one another. Smith intends to build a barn on his own land, near his border with Jones. However, Smith inadvertently builds his barn on Jones's land. Jones claims ownership of the barn, and the two end up arguing their positions in court.
Let's say the court decides that Smith owns the barn that he built, and now also owns that small portion of land that the barn occupies. This is now the rule to be applied for those cases coming after Smith and Jones. From that moment forward, all landowners must be careful not to allow others to build permanent fixtures on their land. Otherwise, the rule now states they could lose ownership of that portion of their land. Scenarios like this created a gradual development of an extensive system of laws, even though these rules were mostly unwritten at that time.
Blackstone's Contribution
Shortly before the American Revolution in the last half of the 18th century, Sir William Blackstone published Commentaries on the Laws of England as a complete overview of the English common law. This publication spanned four volumes!
Blackstone described the English common law as an ancient collection of unwritten maxims and customs upon which English judicial decisions were made. Judicial decisions are decisions made by a court and are also known as case law.
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