The Common Law Part I: What is Common Law and What Role Did it Play in England? [No. 86]

What is the Common Law? Where did it come from and why was it important?
Professor Kurt Lash discusses the origins of the English Common Law tradition and how it was brought to America by the colonists. Professor Lash explains how the Common Law worked and what it represented in the Parliamentary system. When the Founders decided on a new form of constitutional government, conceptions about the Common Law in America had to be reassessed.
Professor Kurt T. Lash holds the E. Claiborne Robins Distinguished Chair in Law at the University of Richmond School of Law. He is the Founder and Director of the Richmond Program on the American Constitution.
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Subscribe to the series’ playlist:
• Constitutional Law [Co...

[@ravenravstopbanningmeyt1034]

common law is still available, this man is one of "them"

[@johnbautiste]

Yep.

[@corporateshill7473]

Howard Stern looks different than I thought he would.

[@hyojinlee]

Thank you so much for this video!

[@giftedvision_thepodcast]

Common law is still the law.

[@Samanthax1221]

@Paul McCockard paul are you familiar with common law. i wanted to ask you a question. if i refuse to answer particular questions on the uk census, because its none of their business. can they fine me for not doing so. thank you.

[@Tommykennedy101]

The Common Law. Cause No harm, No loss, No breach of peace, No deceit within contract. Together with our Constitution, Magna Carts 1215. That covers any legislation, acts, or statutes.

[@scootergrant8683]

Was it ever not the law?

[@user-xj2im1ep3o]

@@Tommykennedy101 This is a slogan from pseudolaw

[@MrGMcAulay]

The English "common law" system must be viewed in light of the government being a monarchy and so the phrase, "judge made law" would only apply to the English system of the "common law". In the United States the "common law" is under the Constitutional Democratic Republic, where the People are the Sovereign. The Judiciary being a member of the representative government, is to be subject to the Sovereign just as the other branches are. The doctrine of Judicial Supremacy, as put forward by Joseph Story in 1833, the idea that only the judiciary has the power to decide when a law is just, constitutional, and legitimate, goes against the concept and procedure of "common law" of the United States and usurps the Sovereign right of the People to decide when their servant has exceeded the delegated powers. A better way to describe the idea of "common law" for the United States would be "jury made law", precedent, rather than saying Judge made law. The jury, is to be the seat of the tribunal, having the power to judge both law and fact. The modern court system proceeding under Judicial supremacy, the magistrate has assumed the mantle of the tribunal and left only the judgement of fact to the jury. There is an inherent conflict of interest when the government, the Judiciary branch, claims sole authority in determining the constitutionality and legitimacy of laws enacted by the government. The fundamental key difference is, in whom is Sovereignty vested? Can a thing created, truly dictate to the creator, what the limits of power are of that which was created? By using the doctrine of Judicial Supremacy as a foundation for "judge made law" we create a breach in the barrier of separation of powers as the judiciary has now usurped the power of the legislative branch. When the mantle of the tribunal remains upon the people, impaneled as a jury, no such breach occurs. All political power is vested in the Sovereign, The power to legislate, execute, and judge, this is why these tasks may be delegated to representatives who act in the name of the Sovereign, the Sovereign always retaining the power to take up the mantle to correct the servant when they exceed their delegated powers. Therefore, the People being the sovereign, Jury made law by precedent, would truly reflect the principal of common law in the United States.

[@cedieave5412]

This description was clearer and well understood than the entire video. Thank you 🙏

[@Samanthax1221]

greg are you familiar with common law. i wanted to ask you a question. if i refuse to answer particular questions on the uk census, because its none of their business. can they fine me for not doing so. thank you.

[@MrGMcAulay]

@@Samanthax1221 not enough to have a good answer. English common law, from my understanding is founded in the great charter of 1215. I am not sure how it applies to a census in the UK, in the U.S. the right of privacy extends to the census.

[@Samanthax1221]

@@MrGMcAulay greg thank you sir, much appreciate you for your time!

[@brianhogg9857]

@@MrGMcAulay the great charter was the first attempt by a section of the populace to limit the absolute power of the monarchy. It was totally repealed and today has no standing. More relavent was the 1297 version which was largely subsequently enacted in legislation by the parliament. Essentially it was a case of the man that pays the piper calls the tune. Of course the ultimate judicial authority in the US is the supreme court which does not rely on a jury so I would question your theory.

[@Niceetee01]

It’s not “was” or “had”. You should be using present tense as it still stands today under our bill of rights for England

[@SuperEarther]

not when they are part of the cover up

[@davidsmith2356]

My thoughts exactly Carmel. Its the Supreme Law of our land... Parliament has tried to usurp our rights and Laws.

[@tenets128]

Pretty stupid issue to raise as the guy never made it a political point to begin with.

[@Samanthax1221]

carmel are you familiar with common law. i wanted to ask you a question. if i refuse to answer particular questions on the uk census, because its none of their business. can they fine me for not doing so. thank you.

[@Samanthax1221]

@@davidsmith2356 david smith are you familiar with common law. i wanted to ask you a question. if i refuse to answer particular questions on the uk census, because its none of their business. can they fine me for not doing so. thank you.

[@flocrickmore]

hey i do A-level politics, im struggling to understand what common law actually is? - could someone dumb it down and tell me

[@biancaprado4627]

Thanks 🙌🏾

[@godofgodseyes]

Wrong description of common law. It's law of sovereign.

[@brianhogg9857]

I believe that common law arose out of the citizens right to petition the king. There are now courts of equity which hear such cases. Common law is court made law and deals with on individuals relationship to another individual

[@scootergrant8683]

How would you describe it then?

[@johnnybigg7772]

So much false misleading information here.

[@fatimanadaabziz9832]

thx dude

[@stormworks4882]

no eyes... they all have no eyes

[@peacefulwarrior6285]

Why can I not save this 🤔

[@mickmclennan5071]

It is not judge ruled it is jury ruled.

[@OmarOsman98]

Wrong

[@jj4alley]

The people had some control over law by the jury system when you sit as twelve you are not only sitting in judgment on the person that has fallen foul of the law but the law itself! This power of the common people and that’s why the powerful what trial by jury gone!!! If the jury’s keep coming up with not guilty over and over again the law is dead!!!🏴󠁧󠁢󠁥󠁮󠁧󠁿✝️☦️🇦🇺

[@gaz1tinsley]

I thought this would be about english common law ? far too americAAn for me !

[@alvegutt42]

nuremberg vol 2

[@uclajd]

Doesn't explain what common law is.

[@ДмитрийВербицкий-у7д]

Allen Helen Martinez Jennifer Williams Deborah

[@joannthomases9304]

The de jur true republic..that was spun off.. sui juri...few duscuss, which was a system of the people individually, where mob rule, did not exist. It was a system that brought in more wealth, from what i got out of it all. Where each single one had individual rights.

[@JATP-wp6eh]

0:17 people of America brought with them? What? Where did the Americans go? You mean the Indians made common law? I thought common law was British?

[@sebgierek1462]

Nollocks

[@mickmclennan5071]

Common Law is the law of the land or 'natural law' and ultimately rest with the people not parliament which is the legislator and no the Magna Carta established English subjects as their own sovereigns democracy is government by trial by jury not voting rights or 'suferage'.

[@annoyingbstard9407]

There’s no such thing as “natural law.” Except in the minds of simpletons.

[@user-xj2im1ep3o]

No, the monarch (or the monarch-in-parliament) has always been sovereign in England

[@sebgierek1462]

Bollocks

[@castorotutubbiano1265]

parliament has ultimate control over the common law, in england if you insult che institution you’re insulting the whole popolation, in america freedom of speech and difamation rules are almost absent for the sake of freedom

[@sarahpritchard3799]

We've been lied to. Their Common Law is a lie, to throw you off the truth. Law of the Land is the true Common Law. Cooperate governments use Maritime law aka Law of the Sea over us. Law of the Land trumps every single law they have got, and they know it.

[@user-xj2im1ep3o]

@@sarahpritchard3799 This is pseudolaw nonsense

[@robertleisk8747]

The government does not rule over common law, the people do. The people are the highest and the common law is the will of the people and all laws for common law come about through the jury that is the real judge. This guy doesn't know what he is talking about. Talking from legal standing and not common law. Long live common law and do away with admiral/law of the sea/strawman. freedom to the people.

[@yeahyeah5976]

Cool word vomit. Such a shame your fantasies can’t be used to set precedent for common law.

[@brianhogg9857]

Sorry buddy but you lack even a basic knowledge of the law, legal history or constitutional history

[@OmarOsman98]

@@brianhogg9857 I agree with you. What he said was nonsense

[@savvystyle1941]

Go to commonlawcourt.com.Explain none of this BS