Rahul Dhesi wrote:
Rjack <[email protected]> writes:
American common law is historically based upon English common
law:
"1. This Act shall be known as THE CIVIL CODE OF THE STATE OF
CALIFORNIA, and is in Four Divisions, as follows: . . . 22.2.
The common law of England, so far as it is not repugnant to or
inconsistent with the Constitution of the United States, or the
Constitution or laws of this State, is the rule of decision in
all the courts of this State."
Interesting. When I quoted an Australian law professor in the
context of defining common law contract terms, Rjack took
exception, because he thought such things are determined by the US
Circuit courts. Now he has reversed himself and suddenly English
common law is viable again.
What new profound insights will we he provide us with next? Stay
tuned!
Which part of:
"The common law of England, so far as it is not repugnant to
or inconsistent with the Constitution of the United States,..."
are you failing to grasp? Doesn't the grammatical construction, "so
far as it is not repugnant to or inconsistent with. . ." carve an
exception for US Circuit interpretation?
Sincerely,
Rjack :)
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