3 ms·
Very interesting; thank you for linking to it. I quite agree with Thomas that "...by actions also, especially if they be repeated, so as to make a custom, law c
by seabass-labrax 3y ago
Very interesting; thank you for linking to it. I quite agree with Thomas that "...by actions also, especially if they be repeated, so as to make a custom, law can be changed and expounded". This is essentially the same foundation as the English Common Law for the trial by jury - that a group of 'twelve men good and true' have as much justification for determining right and wrong as does a written document. The jury must be drawn from the community of the accused; otherwise, they would not necessarily be of the same custom as the accused and would, therefore, effectively not be making a judgement in the correct jurisdiction.