Common Law

Common Law Defending the nous of un compose righteousness has never been easy. Jeremy Bentham thought the very expression to be a inconclusive and unmeaning epithet. In his view, social reform infallible decided and accurate truthslaws that [w]e see, we hear, we touch; in short we wait This existential concept of law follows from the melodic themel of law as something produced by apprised acts of sovereign will. Central to this concept atomic number 18, to use H.L.A. sponsors expression, rules of change that permit societies to escape the confines of endemical custom. The progressive serve of legal theory, it may be said, has been by from medieval notions of law as customs practiced credendum out of mind or as the immutable dictates of intrinsical law, away from the fiction that judges discover instead than win out law, and towards modern notions of law as creative policy-making acts preserve in writing. In terms of constitutional law, this march le ads to the idea of written constitutionalism, a destination that the rebelling American colonists are frequently said to have reached first. It was a task in particular mute to the American people, wrote Alexander Hamilton, to demonstrate to the world that constitutions force be established through reflection and choice rather than misfortune and force. In contrast to the unwritten British constitution, nigh which on that point was nothing visible, nothing real, the unify 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 interminable capacity. Its integrity lay not just in the hope of certainty that the prospect of a written instrumentate nourished, but in like manner in the idea that this instrument was the product of a conscious and collective policy-making acta compact, as John Jay observed, intentionally formed, maturely considered, and solemnly adopted by the will of the people. alike! 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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