1 3 What is Common Law

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  • Опубликовано: 20 сен 2024

Комментарии • 34

  • @vaniechahal4946
    @vaniechahal4946 Год назад +4

    BEST lecture on common law!

  • @gigisamanjo
    @gigisamanjo 10 месяцев назад +4

    Common law is in fact case law in the sense tha judicial precedents are binding

  • @asonjwudlok466
    @asonjwudlok466 Месяц назад +1

    No victim/no crime

  • @zedeyejoe
    @zedeyejoe 8 месяцев назад +1

    The term "common law", referring to the body of law made by the judiciary, is often distinguished from statutory law and regulations, which are laws adopted by the legislature and executive respectively. In legal systems that follow the common law, judicial precedent stands in contrast to and on equal footing with statutes. The other major legal system used by countries is the civil law, which codifies its legal principles into legal codes and does not treat judicial opinions as binding.

    • @zedeyejoe
      @zedeyejoe Месяц назад

      @user-xj2im1ep3o Of course, a law is a law and therefore is a new law that not have to relate to any previous law.

    • @zedeyejoe
      @zedeyejoe Месяц назад

      @user-xj2im1ep3o I totally agree, any new law can be a fully independent law.

  • @RobertLund-d7d
    @RobertLund-d7d Месяц назад

    Supposing a judge in the past made a mistake, or was biased , or gave a bad judgement for any other reason , do later judges have to apply it today ?
    If so This seems to suggest that judges are infallible.
    Ard they ?

  • @ahmediyyemusayev8228
    @ahmediyyemusayev8228 5 месяцев назад

    Very informative!

  • @keeleypatrick7846
    @keeleypatrick7846 Месяц назад

    ❤❤❤

  • @deanjordan2664
    @deanjordan2664 7 месяцев назад +1

    Common law isnt case law
    Common law/ natural law/gods law is no loss no harm no injury no fraud and be a good person. Anything made by man is not above common law because gods law is the law of the land

  • @Dave68Goliath
    @Dave68Goliath 2 месяца назад

    Civil is maritime/admiralty.

  • @amir7299
    @amir7299 3 года назад

    Hello, may I know, the honourable lecturer is referring to what text book in this lecture? So that i can follow thoroughly.

  • @mateuszfuchs4311
    @mateuszfuchs4311 2 года назад +1

    Does anyone know the lecturer's name? 'She's great and I would like to find more of her lectures!

    • @drhebajaafar1492
      @drhebajaafar1492 Год назад

      Dame Hazel Genn is a professor of socio-legal studies.

  • @godofgodseyes
    @godofgodseyes 4 года назад +2

    In true common law, there are no obligatory rules or precedents.
    Many have come to respect the thoughts and opinions of those who preceded them. Having respect does not mean to quit thinking.

    • @zedeyejoe
      @zedeyejoe 8 месяцев назад

      Nonsense. In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions.

  • @nbme-answers
    @nbme-answers Год назад

    7:47 TRIAL BY ORDEAL

  • @godofgodseyes
    @godofgodseyes 4 года назад +2

    British Constitution practices democracy through fictional citizen representation. British legal system doesn't have people representation. Therefore case law practied by British judiciary is not common law of the sovereign.

  • @godofgodseyes
    @godofgodseyes 4 года назад

    In your lecture you mentioned about judges who were the agents of sovereign king. They were consistent in decisions by referring to prior cases. That doesn't mean Common law is case law. Sovereign decree the law directly or through agencies. Therefore, common law is sovereign's law.

    • @elenam4339
      @elenam4339 3 года назад +2

      You think you are smarter than a professor...?

    • @mayomayo9557
      @mayomayo9557 3 года назад

      Where is your source?

    • @godofgodseyes
      @godofgodseyes 3 года назад +3

      @@elenam4339
      Freethinkers are better than institutionalised professors.

    • @godofgodseyes
      @godofgodseyes 3 года назад +1

      @@mayomayo9557
      Where do you expect sources for common law and common sense?

    • @NathanDudani
      @NathanDudani 2 года назад

      @@godofgodseyes statute books

  • @godofgodseyes
    @godofgodseyes 4 года назад +4

    You are wrong. Common law is not case law. It's the law of sovereign.

  • @DKyle327
    @DKyle327 Год назад +2

    She’s wrong. Common law is not based based on judicial decisions. If she read Blackstone she would know this.

    • @zedeyejoe
      @zedeyejoe 8 месяцев назад

      She is right Common law is based on previous judicial decisions. As anyone who looks it up will know.

    • @DKyle327
      @DKyle327 8 месяцев назад +2

      She is absolutely wrong. Again I will say if she was familiar with Blackstone she would know that what she said is not true. If you don’t believe me read Blackstone.

    • @DKyle327
      @DKyle327 8 месяцев назад

      She takes one quote from Blackstone to prove her point and claims he was the expert.
      Blackstone also said in his commentaries that the slightly defect in the Common law had to be remedied by the legislature. If it was indeed judge made law this would not be the case.

    • @DKyle327
      @DKyle327 8 месяцев назад

      She should also read The History of the Common Law by Sir Matthew Hale, 1739 page 3.