Common Law Vs. Law Essay

Common Law Vs. Law Essay

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Common law is “judge made-law” and “includes law by judges when they interpret law (lecture notes, 11/16)”. Common law authors trusted that “natural law was too abstract and theoretical for their pragmatic, concretely focused minds…simply out of touch with concrete human affairs (Coleman 593)”. Therefore, common law was developed.
Common law has various aspects than the basic definition would anticipate. One imperative attribute is the progression of common law. Common law logicians believed that the law was constant, and they believed that looking into the law deeper and relying on reasoning would give an answer. Although common law has altered with time, “through these changes it maintained its integrity as a single, coherent body of law (Coleman 591)”. Common law also focused on integration, and the significance of the law being approved accordingly.
Another key attribute is Hale’s description of common law, also known as common reason. Hale explained that common law reasoning was analytical, “arguing from one case to the next on the basis of perceived likeliness and differences and the location of the instant case in the landscape of common experience painted by the judge or lawyer in command of the full resources of the common law (Coleman 594)”. Hale also coined common reason, as artificial reasoning, and the analogical element was a feature of artificial reasoning. Hale believed that common law is shared and is an “intellectual competence, a discoursive faculty that that is learned through participation in practice of public forensic argument, situated in and moving about in a world of recorded experience of ‘human affairs and conversation’ (Coleman 595)”. The aspect of precedent in common law held that “no single judic...


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...urse I would accept a dinner invitation from this remarkable being. If I had the chance, I would pick at Holmes’ brain and ask him endless questions concerning American Realism, create skillful debates and listen to what the man had to say intently and inquisitively. Although some believed that Holmes lacked a backbone, I believe his theory pertaining to law and its interpretation shift with the shifting demands of history to be true. No book of law exists, but experiences with law are what make laws become realistic. It would be intriguing to speak with Holmes about his theories, as well as discuss ideas such as, “Are you pleased with the way today’s government works?”. I strongly believe that it is crucial to have guidelines when developing laws for the United States. All in all, having dinner with Holmes would be an event I could never see myself missing.








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