Here's one historical explanation of common law that might provide some insight: http://faculty.msb.edu/hasnasj/GTWebSite/nyufinal.pdf http://faculty.msb.edu/h

Here's one historical explanation of common law that might provide some insight: http://faculty.msb.edu/hasnasj/GTWebSite/nyufinal.pdf http://faculty.msb.edu/hasnasj/GTWebSite/nyufinal.pdf ...and not directly applicable for this discussion, I also like "The Myth of the Rule of Law": http://faculty.msb.edu/hasnasj/GTWebSite/MythWeb.htm http://faculty.msb.edu/hasnasj/GTWebSite/MythWeb.htm