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LWN.net Weekly Edition for May 16, 2013
A look at the PyPy 2.0 release
PostgreSQL 9.3 beta: Federated databases and more
LWN.net Weekly Edition for May 9, 2013
(Nearly) full tickless operation in 3.10
I didn't research but hope civil law countries are in the majority. Judges making case law seems to be a major violation of the principle of separation of powers.
Python trademark at risk in Europe
Posted Feb 24, 2013 16:33 UTC (Sun) by mpr22 (subscriber, #60784)
Posted Mar 1, 2013 1:47 UTC (Fri) by Wol (guest, #4433)
As for Common Law, it is NOT "Judges inventing case law". It comes from Englands "Courts of Equity" which, in turn, looks like it comes from the Judaic Judges. Read the Book of Judges, which describes Jewish life before their first King, Saul.
The Courts of Equity settled civil disputes between citizens. And before the reforms in Dickensian times (is it Great Expectations?), there was no case law - every dispute was settled "on the merits" based on the prejudices of the Judge and no reference (much) to anything else.
Statute law over-rides case law, in any case. And actually, there really is in law something called "time immemorial". It's the law as it was before the system of statute law was set up in 1200 and something (Magna Carta and all that). In other words, Common Law.
Like everything else, Common Law can be a good thing, or a bad thing. When you have sensible Judges able to use their discretion, it works well (like in the UK). When you have Judges hidebound by precedent and pretty much forbidden from using their judgement and common sense (like in the US) it's a mess.
From a common-law viewpoint, civil law looks an awful mess and I'm glad we don't have it ...
Posted Mar 1, 2013 7:56 UTC (Fri) by anselm (subscriber, #2796)
Civil law was, I believe, invented by Napoleon.
Civil law actually goes back to the Romans, plus medieval influences. Napoleon promulgated a set of laws called the Code Civil, which is generally seen as an embodiment of the ideas of civil law, but not as the origin of these ideas.
Posted Mar 1, 2013 13:24 UTC (Fri) by Jonno (subscriber, #49613)
To my knowledge the first one of those was the Code Civil by Napoleon, marking it the first civil law system, as the term is understood today.
Posted Mar 1, 2013 16:32 UTC (Fri) by jwakely (subscriber, #60262)
(Or "what have the Nova Romans ever done for us?")
Posted Mar 1, 2013 9:47 UTC (Fri) by mpr22 (subscriber, #60784)
Posted Mar 1, 2013 18:09 UTC (Fri) by nix (subscriber, #2304)
Posted Mar 1, 2013 19:11 UTC (Fri) by hummassa (subscriber, #307)
Posted Mar 1, 2013 20:27 UTC (Fri) by mpr22 (subscriber, #60784)
Posted Mar 1, 2013 21:14 UTC (Fri) by hummassa (subscriber, #307)
I apologize, especially to nix, but to other people on the thread too.
IOW, nix is absolutely right.
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