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22nd September 07, 02:59 PM
#1
 Originally Posted by Archangel
...
There is also the British common law that anything twice done becomes a tradition....
Huh? Where did you hear that?
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22nd September 07, 03:02 PM
#2
Geographical
How long it takes something to become a tradition depends on where you are.
In most of the UK, it takes at least 200 years.
In the American South it takes 300 years.
In the US east coast, it takes about 100 years.
On the US West Coast, it can take up to 20 minutes.
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22nd September 07, 03:06 PM
#3
 Originally Posted by gilmore
On the US West Coast, it can take up to 20 minutes.
But...why wait so long?
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22nd September 07, 03:14 PM
#4
 Originally Posted by Coinneach
But...why wait so long?
You have a point. Twenty minutes or until the espresso is brewed, whichever comes first.
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24th September 07, 08:07 AM
#5
 Originally Posted by gilmore
You have a point. Twenty minutes or until the espresso is brewed, whichever comes first.
Oh, that is SO twenty minutes ago.
We're fools whether we dance or not, so we might as well dance. - Japanese Proverb
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22nd September 07, 04:00 PM
#6
 Originally Posted by gilmore
Huh? Where did you hear that?
You are in a mood today, aren't you.
Google it!
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22nd September 07, 04:32 PM
#7
 Originally Posted by Archangel
You are in a mood today, aren't you.
Google it!
Anglo-American common law is law created by the courts and is followed as precedence, as opposed to statutory law created by legislative bodies. I really doubt that any court would come up with a holding that "anything twice done becomes a tradition."
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22nd September 07, 07:38 PM
#8
 Originally Posted by gilmore
Anglo-American common law is law created by the courts and is followed as precedence, as opposed to statutory law created by legislative bodies. I really doubt that any court would come up with a holding that "anything twice done becomes a tradition."
There is no such thing as Anglo American "common law". Two separate countries sharing an arbitrary law structure, highly unlikely don't you think?
I'm not even sure that America, the U.S., has such a thing as "common law". I have the feeling that part of the uprising in 1766 was to get rid of that.
The UK does, although that is being reduced. It's still strong in Scotland's law. I hope somebody in the UK can update us on that.
You can google it to find the references, I did, successfully.
In any case, this is taking us away from the topic and the point of my original post.
To paraphrase Monty Python: contradiction/challenge (tracking your posts today) is not conversation. The debate paradigm says that you should posit your counter, i.e. provide where in British law tradition is defined. Then I defend my statement, etc. That way we both learn something.
Your call, until then, I'm "standing down" and not getting drawn in further.
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22nd September 07, 07:47 PM
#9
 Originally Posted by Archangel
There is no such thing as Anglo American "common law". Two separate countries sharing an arbitrary law structure, highly unlikely don't you think?
I'm not even sure that America, the U.S., has such a thing as "common law". I have the feeling that part of the uprising in 1766 was to get rid of that.
The UK does, although that is being reduced. It's still strong in Scotland's law. I hope somebody in the UK can update us on that.
You can google it to find the references, I did, successfully.
In any case, this is taking us away from the topic and the point of my original post.
To paraphrase Monty Python: contradiction/challenge (tracking your posts today) is not conversation. The debate paradigm says that you should posit your counter, i.e. provide where in British law tradition is defined. Then I defend my statement, etc. That way we both learn something.
Your call, until then, I'm "standing down" and not getting drawn in further.
I could give two flips about how long it takes to create a tradition, but there is, or was, a thing called Anglo-American common law. I don't think it existed in England (where they probably just called it "common law" or even "our common law" or perhaps even "English common law" if they were going to draw a distinction between it and American common law), but it really did exist in America.
For all of the early fractiousness between (independent) America and the United Kingdom, we were/are, to a real degree, your children. To pick only one extraneous example, the mess nights I attended in the USMC probably differed only around the edges from mess nights in the Royal Marines.
While we split off from English common law long enough ago to qualify as a different sub-species, we did still spring from the same roots. Several of my professors at law school used the term "Anglo-American common law."
Now, common law is increasingly being replaced in America, as well, with codes and statutory law but well up into the 20th century American jurisprudence was shaped to a very real degree by the common law that had developed in the United Kingdom/Great Britain.
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22nd September 07, 08:09 PM
#10
 Originally Posted by Kid Cossack
I could give two flips about how long it takes to create a tradition, but there is, or was, a thing called Anglo-American common law. I don't think it existed in England (where they probably just called it "common law" or even "our common law" or perhaps even "English common law" if they were going to draw a distinction between it and American common law), but it really did exist in America.
For all of the early fractiousness between (independent) America and the United Kingdom, we were/are, to a real degree, your children. To pick only one extraneous example, the mess nights I attended in the USMC probably differed only around the edges from mess nights in the Royal Marines.
While we split off from English common law long enough ago to qualify as a different sub-species, we did still spring from the same roots. Several of my professors at law school used the term "Anglo-American common law."
Now, common law is increasingly being replaced in America, as well, with codes and statutory law but well up into the 20th century American jurisprudence was shaped to a very real degree by the common law that had developed in the United Kingdom/Great Britain.
Yes, you are right. I have just realized that, in between my post and yours, I made a fundamental error.
The terms have not been defined.
"Common law" has a number of meanings and applications which are too complex for me, really. The US does use a form of "common law" and shares its origins with the British system.
So, I'm still okay with my statements except refer to Kid Cossack for the US model.
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