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Today, Roman law is no longer applied in legal practice, even though the legal systems of some states like South Africa and San Marino are still based on the old Ius Commune. However, even where the legal practice is based on a code, many rules deriving from Roman law apply: No code completely broke with the Roman tradition. Rather, the provisions of Roman law were fitted into a more coherent system and expressed in the national language. For this reason, knowledge of Roman law is indispensable to understand the legal systems of today. Thus, Roman law is often still a mandatory subject for law students in civil law jurisdictions.
Only England did not take part in the wholesale reception of Roman law. One reason for this is that the English legal system was more developed than its continental counterparts by the time Roman law was rediscovered. Therefore, the practical advantages of Roman law were less obvious to English practitioners than to continental lawyers. As a result, the English system of common law developed in parallel to Roman-based civil law, with its practitioners being trained at the Inns of Court in London rather than receiving degrees in Canon or Civil Law at the Universities of Oxford or Cambridge. Elements of Romano-canon law were present in England in the ecclesiastical courts and, less directly, through the development of the equity system. In addition, some concepts from Roman law made their way into the common law. Especially in the early 19th century, English lawyers and judges were willing to borrow rules and ideas from continental jurists and directly from Roman law.
Originally posted by EvilSadamClone
So the argument is Ancient Roman law applies to the Constitution so therefore Obama can't be born in Hawaii?
Holy crap, the length Birthers will go to.
amid [əˈmɪd], amidst prep in the middle of; among
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The United States and most Commonwealth countries are heirs to the common law legal tradition of English law.[15] Certain practices traditionally allowed under English common law were expressly outlawed by the Constitution, such as bills of attainder[16] and general search warrants.[17]
As common law courts, U.S. courts have inherited the principle of stare decisis.[18] American judges, like common law judges elsewhere, not only apply the law, they also make the law, to the extent that their decisions in the cases before them become precedent for decisions in future cases.[19] The actual substance of English law was formally "received" into the United States in several ways.
First, all U.S. states except Louisiana have enacted "reception statutes" which generally state that the common law of England (particularly judge-made law) is the law of the state to the extent that it is not repugnant to domestic law or indigenous conditions.[20] Some reception statutes impose a specific cutoff date for reception, such as the date of a colony's founding, while others are deliberately vague.[21] Thus, contemporary U.S. courts often cite pre-Revolution cases when discussing the evolution of an ancient judge-made common law principle into its modern form,[21] such as the heightened duty of care traditionally imposed upon common carriers.[22] Second, a small number of important British statutes in effect at the time of the Revolution have been independently reenacted by U.S. states.
Two examples that many lawyers will recognize are the Statute of Frauds (still widely known in the U.S. by that name) and the Statute of 13 Elizabeth (the ancestor of the Uniform Fraudulent Transfers Act). Such English statutes are still regularly cited in contemporary American cases interpreting their modern American descendants.[23] However, it is important to understand that despite the presence of reception statutes, much of contemporary American common law has diverged significantly from English common law.[24] The reason is that although the courts of the various Commonwealth nations are often influenced by each other's rulings, American courts rarely follow post-Revolution Commonwealth rulings unless there is no American ruling on point, the facts and law at issue are nearly identical, and the reasoning is strongly persuasive. Early on, American courts, even after the Revolution, often did cite contemporary
English cases. This was because appellate decisions from many American courts were not regularly reported until the mid-19th century; lawyers and judges, as creatures of habit, used English legal materials to fill the gap.[25] But citations to English decisions gradually disappeared during the 19th century as American courts developed their own principles to resolve the legal problems of the American people.[26] The number of published volumes of American reports soared from eighteen in 1810 to over 8,000 by 1910.[27] By 1879, one of the delegates to the California constitutional convention was already complaining:
"Now, when we require them to state the reasons for a decision, we do not mean they shall write a hundred pages of detail. We [do] not mean that they shall include the small cases, and impose on the country all this fine judicial literature, for the Lord knows we have got enough of that already."[28] Today, in the words of Stanford law professor Lawrence Friedman: "American cases rarely cite foreign materials. Courts occasionally cite a British classic or two, a famous old case, or a nod to Blackstone; but current British law almost never gets any mention."[29] Foreign law has never been cited as binding precedent, but merely as a reflection of the shared values of Anglo-American civilization or even Western civilization in general.[30]
Originally posted by PsykoOps
reply to post by VeritasAequitas
You claim it to be true but you cannot quote the exact law in the books? Your whole idea has been debunked in more than one way. Admitting that you were fooled by nonsense websites would be a good start.
Also who I am, where I am and what I know is irrelevant. Only thing relevant is that little law that doesn't seem to excist.edit on 22/7/2012 by PsykoOps because: (no reason given)
Originally posted by kyviecaldges
He is showing you something that can be easily understood simply by reading the actual laws on the books.
Originally posted by EvilSadamClone
In other words, so much for this claim of Roman Law crapload.
Originally posted by kyviecaldges
You have no idea how law works. None.
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v. Sandford ruling by the Supreme Court (1857) that had held that blacks could not be citizens of the United States.
The Fifteenth Amendment (Amendment XV) to the United States Constitution prohibits each government in the United States from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude" (for example, slavery). It was ratified on February 3, 1870.
Originally posted by EvilSadamClone
reply to post by kyviecaldges
The 14th Amendment was written to protect the freed slaves and to give black people the right to vote. It has nothing to do with overriding English Common Law influence on the Constitution.