The life of common law has not been logic it has been experienceIn order to know what it is you must know what it has been and what it tends to become We must consult history and existing theories?

Answer 1

To say that common law is not logic is to say that putting justice in when a murder takes place is illogical. To say that common law is not logic is to say that putting justice in when a thief steals is illogical. To say that common law is not logic is to say that the rights of the people are...well, just plain illogical. To reduce common law to nothing more than mere experience is to reduce law itself to nothing more than man made legal concoctions. The law, real law, is not made but discovered. The growth of civilization is reliant upon the discovery of laws that govern the people. With out these discoveries, people live in a lawless land where justice is absent. The laws are not created by people to prohibit certain activities but are laws that exist with or without people.

Everything in this universe abides by certain laws and those laws govern the bodies in motion that populate the universe. Planets orbit suns, suns are stars that heat the coldness of space, that bring energy before entropy, to bring light before darkness and to bring life before death but in the end all things tend towards entropy, all systems tend towards chaos and perhaps this tendency towards chaotic systems, towards useless energy, is the thrust of this question. Common law is the law that has been with the people since time immemorial and we the people would be wise to embrace the history of previous legal decisions to better compare that with existing modern legal theories. In a free society where the rights of the people and their protection is the concern of government, the people are presumed to know the law. In a slave state or Dictatorship or monarchy it is assumed and hoped for that the people don't know the law. In either state, free state or slave state, it is incumbent upon each and every individual to know the law if they hope to be free or remain free. It is the profane and wicked reliance upon ignorance of the law that feeds the beasts we know as governments. Governments crave power and love to make laws and the more they make the more lawless society becomes as respect for the law is reduced to the intrusive laws and regulations of positive legislation where all aspects of life are regulated by the government. No parking regulations, for example, are not law, not real law, they are man made laws that far too often ignore the rights of the people in favor of stronger government. Common law is the law the people can rely upon to keep the beast known as government at bay. To effectively use common law to protect your freedom it is imperative you not only consult history but know that history thoroughly and it is just as necessary to know the existing theories of law that will no doubt be used by prosecutors and judges to rebut your reliance on common law.