Four Legal Traditions and American Law
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The paper relates that the predominant influence upon American law is that of English law. The paper discusses England's balance of power between the king and a democratically elected legislature, the establishment of an independent judiciary, state and federal taxation, trial by jury and the Magna Carta. The paper also looks at the influence of common law on America and at the impact of civil law, which predominated in France and mainly influenced Louisiana. Finally, the paper shows how civil law and English law are heavily influenced by Roman law.
From the Paper:"America was originally a British colony, so it should come as little surprise that the predominant influence upon American law is that of English law, with its system of Parliament and divided governance. England's balance of power between the king and a democratically elected legislature obviously influenced the Founding Fathers, as did Great Britain's early establishment of an independent judiciary. State and federal taxation has its roots in British law's taxation of various independent provinces. William the Conqueror as early as 1066 created a Domesday Survey, that recorded the amount and value of property held by all persons in England "for the purpose of assessing taxes against the owners" (English law, 2008, Law Library)."
Sample of Sources Used:
- Civil law. (2008). The Law Library. Retrieved 8 Nov 2008 at http://law.jrank.org/pages/5235/Civil-Law.html
- Common law. (2008). The Law Library. Retrieved 8 Nov 2008 at http://law.jrank.org/pages/5444/Common-Law.html
- English law. (2008). The Law Library. Retrieved 8 Nov 2008 athttp://law.jrank.org/pages/6486/English-Law.html
- Roman law. (2008). The Law Library. Retrieved 8 Nov 2008 athttp://law.jrank.org/pages/9916/Roman-Law.html
Cite this Term Paper:
Four Legal Traditions and American Law (2010, July 28) Retrieved July 06, 2020, from https://www.academon.com/term-paper/four-legal-traditions-and-american-law-128590/
"Four Legal Traditions and American Law" 28 July 2010. Web. 06 July. 2020. <https://www.academon.com/term-paper/four-legal-traditions-and-american-law-128590/>