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A key strength of the common law tradition, says Lord Goff in a lecture at the turn of the twenty-first century on the future of the common law, is the fact that we "can hear the voice of the individual judge speaking from the page.
158) Thus, judicially created international law reveals the dual nature of international law: although theoretically held in check by the civil law roots of international law, its increasing use suggests the influence of the common law tradition.
constitutional principles that are not present in other common law tradition countries, but the U.
Meanwhile, courts across the country are trying to redraw the legal lines of paternity now that genetic testing and welfare reform are colliding with 500 years of common law tradition, which has presumed that all children born in a marriage are the husband's responsibility, whether or not he is the biological father.
Interestingly, as a broad generalization, countries with a common law tradition, strong protection of shareholder rights, good accounting regulations, low levels of corruption, and no explicit deposit insurance tend to be market-based.
Some have wrestled with the negative effects of the new predominance of statutes and sought in one aspect or another of the common law tradition a way to see through these new challenges and bolster the integrity of the legal system.
In the common law tradition, however, judges sometimes are required not only to apply the law but also to interpret and, to a degree, even create it.
Willard Hurst and The Common Law Tradition in American Legal Historiography," Law And Society Review, 10 (1975), 9-55].
More broadly, as medievalist Norman Cantor insists, the common law tradition that anchors our legal system is the fruit of pre-Reformation--that is Catholic, not Protestant--England.
There is no aggression on the Mi'kmaq part, and their actions to this point have been restrained and have met even the standard justifications of resistance in the British common law tradition.
Ultimately, as we understand the common law tradition, it is democratic.
Unless New Zealand exists wholly outside the shared common law tradition, a pure common law regime will not guarantee greater employer hegemony.