Sunday, November 21, 2010

'The law' is not only, or primarily of 'the state,' historically.

Speaking of 'the law'. When we think of 'the law,' we tend to think of 'the state'. This ignores law and history, to our detriment.

'The law' is not only, or primarily of 'the state,' historically.

Thus: Berman's 'Law and Revolution' says this on page vii: 'The narrowness of our concepts of law blocks our vision not only of law but also of history. Today people think of law primarily as the mass of legislative, administrative, and judicial rules, procedures and techniques in force in a given country. ...

Blackstones's 'Commentaries on the Laws of England, a book written not only for lawyers but also, and primarily, for all educated people.

According to Blackstone, the following kinds of laws prevailed in England: natural law, divine law, the law of nations, the English common law, local customary law, Roman law, ecclesiastical law, the law merchant, statutory law, and equity. ...

this book is free online at Google books. The introduction is the best scholarship a wise one has ever read.

Pages 33-45 tell of the dangers we face.

ChuckBiggest danger, administrative law, where the the executive branch also has judicial sessions.

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