The Right Coast

Editor: Thomas A. Smith
University of San Diego
School of Law

A Member of the Law Professor Blogs Network

Tuesday, December 4, 2012

Why You Can’t Understand the Constitution Without the Common Law | Online Library of Law and Liberty

Why, in a country with a written Constitution and a founding document (the Declaration of Independence) that is grounded on natural right, should we pay attention to the common law? 


| Permalink


Does it matter that the Founding Document is a mendacious advertising flyer, and that The Constitution proved too good for You the People?

Posted by: dearieme | Dec 4, 2012 9:28:46 PM

I lived and worked in the Commonwealth of Virginia for many years, with an awareness of the pervasive and positive influence of the Common Law. In later years, it has been my experience living and working countries and US states without a Common Law foundation, that gave me a deep appreciation for the stability and logic that recognition of the Common Law can bring to a society. To this day, the Code of Virginia includes the following:

§ 1-200. The common law.

The common law of England, insofar as it is not repugnant to the principles of the Bill of Rights and Constitution of this Commonwealth, shall continue in full force within the same, and be the rule of decision, except as altered by the General Assembly.

(Code 1919, § 2, § 1-10; 2005, c. 839.)

Posted by: Dana Libby | Dec 6, 2012 6:07:02 AM