Not only the financial

Not only the financial power, but also the legal power, has remained seated in Britain. The Washington Post commented on June 18, 1983 that after the American Revolution, all the old laws remained in effect in the new United States: Some of these laws of English common law dated back to 1278, long before America … Read more

The common law of

The common law of chattels, that is to say, the law ultimately adopted by the King’s courts for the regulation of disputes about the ownership and possession of goods, was, to be a substantial extent, a by-product of that new procedure which had been mainly introduced to perfect the feudal scheme of land law. Edward … Read more

It was natural that

It was natural that the direct wielders of the royal prerogative, men who sat in the Star Chamber and the Privy Council, who knew the secrets of the State and the necessity for prompt action, should despise the merely declaratory character of a good deal of Common Law process. To them we doubtless owe those … Read more

Jurors have found, again

Jurors have found, again and again, and at critical moments, according to what is their sense of the rational and just. If their sense of justice has gone one way, and the case another, they have found \”against the evidence,\” … the English common law rests upon a bargain between the Law and the people: … Read more

Consider: what could be

Consider: what could be more American than the principle that every person is to be held accountable for his or her crimes only? Could anything be more un-American than the Second Commandment’s warning that \”I Yahweh, thy God, am a jealous god, visiting the iniquity of the fathers upon the children unto the third and … Read more