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That’s one legal concept, and one that’s consistent with common law: law is made through court rulings and decisions. But it’s not the only legal concept, nor

That’s one legal concept, and one that’s consistent with common law: law is made through court rulings and decisions. But it’s not the only legal concept, nor the most dominant or best, and in civil law systems, it’s required that all law be available and readable for free for the public, which means law has to be written into laws, and can’t be defined through court rulings.

staticautomatic 7y ago
The U.S. has both statutory and common law. They're not mutually exclusive.
- kuschku 7y ago
  True, but in civil law systems, with minor exceptions, only statutory law counts. Why should the US system dominate in space? Another question is: why should the US decide what happens in space? That’s quite an imperialistic view on the world.
  - why_only_15 7y ago
    staticautomatic isn't saying the US system should necessarily be dominant, they're just pointing out that the two systems aren't mutually exclusive.
    - kuschku 7y ago
      I’m not saying they are, but it is a question that presents itself given the context.
  - staticautomatic 7y ago
    I'm not saying it should. I'm just saying that we don't face a choice between one or the other.
  - simonh 7y ago
    From a practical point of view, it's likely that much space law will be decided by the countries that send stuff into space. That seems reasonable since they have a clear vested interest in protecting their citizens, the possessions of their citizens and regulating the activities of their citizens. That's not really imperialism, just a matter of responsibility. Clearly the US and any other space going nation should be held responsible for the activities of it's citizens and enterprises in space as elsewhere, and has responsibilities towards them as well. Where that line of reasoning reaches the end of it's tether is when we come to consider property rights over pre-existing assets and territory in space.

staticautomatic 7y ago

The U.S. has both statutory and common law. They're not mutually exclusive.

kuschku 7y ago
True, but in civil law systems, with minor exceptions, only statutory law counts. Why should the US system dominate in space? Another question is: why should the US decide what happens in space? That’s quite an imperialistic view on the world.
- why_only_15 7y ago
  staticautomatic isn't saying the US system should necessarily be dominant, they're just pointing out that the two systems aren't mutually exclusive.
  - kuschku 7y ago
    I’m not saying they are, but it is a question that presents itself given the context.
- staticautomatic 7y ago
  I'm not saying it should. I'm just saying that we don't face a choice between one or the other.
- simonh 7y ago
  From a practical point of view, it's likely that much space law will be decided by the countries that send stuff into space. That seems reasonable since they have a clear vested interest in protecting their citizens, the possessions of their citizens and regulating the activities of their citizens. That's not really imperialism, just a matter of responsibility. Clearly the US and any other space going nation should be held responsible for the activities of it's citizens and enterprises in space as elsewhere, and has responsibilities towards them as well. Where that line of reasoning reaches the end of it's tether is when we come to consider property rights over pre-existing assets and territory in space.