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Essay / Research Paper Abstract
This 8 page paper looks at English with law reference to case law and statute law and discusses the advantages and disadvantages of the Common law system, particularly in the context of the modern business environment. The bibliography cites 8 sources.
Page Count:
8 pages (~225 words per page)
File: TS14_TEcaselaw.rtf
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Unformatted sample text from the term paper:
areas of law and that this can add uncertainty to the legal system and create unexpected result and may also result in the judiciary making law. However, we can also
argue that not all instances can be legislated for, that there is the need to interpret the law, as it is written against situation which may not even have been
envisaged when the original laws were written, especially if we look at the fast changing business environment. Common law is the first source of law for England. This is
an unwritten law (Ivany, 2000). The roots of this go back to the Anglo Saxon times when there were three different legal systems in operation (Barker and Padfield, 1996).
These were; Dane Law, adopted after the invasion and settlement by Scandinavian warriors, located in the North and North East of England. The
second system was Mercian Law, this had Germanic roots, and extended down into the midlands, the third system was the more native law, that of Wessex Law, which was applied
to the south and the west of the country (Barker and Padfield, 1996). These were eventually unified under William the conqueror and formed the basis of whet we now refer
to as common law. The principle source of law currently is that of legislation. This has become to most common form of
new law since the seventh century (Barker and Padfield, 1996). These are seen as the more modern laws. This took the place of primacy over the former common law which
was based on the older unwritten laws of England. Therefore, we can see that the former unwritten laws were being replaced with the written laws. The power of the
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