Python trademark at risk in Europe
Python trademark at risk in Europe
Posted Mar 1, 2013 1:47 UTC (Fri) by Wol (subscriber, #4433)In reply to: Python trademark at risk in Europe by Jandar
Parent article: Python trademark at risk in Europe
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 ...
Cheers,
Wol
