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The Dark Side Of Due Process: Part Iii, How To Use Irreverent Double-Talk To Speak Back To Bad Men, Joshua J. Schroeder
The Dark Side Of Due Process: Part Iii, How To Use Irreverent Double-Talk To Speak Back To Bad Men, Joshua J. Schroeder
St. Mary's Law Journal
Most American lawyers take for granted that the common law established almost all the ordinary causes of action we know today. As Joseph Story’s Commentaries acknowledged, the common law is the basis of the entire U.S. system of law. Common law struggled with feudal and canon forms and eventually transformed them for the benefit of ordinary people even in the face of the most heinous travesties of the English and American past.
The Witch Judges of Salem, Massachusetts and the Parliament of Saints in England did not prevail through despotic radicalism to demolish the common law through codification. Legal positivism …