Whatever Happened to Justice Ch 42 Summary

Common Law and its Importance

• Common law is arguably the most crucial subject to study, yet is inadequately covered in textbooks. Six history/civics and two law textbooks examined by the author contained minimal coverage of common law, often treating it as unimportant because it's largely obsolete.

Fundamental Laws of Common Law

• Two fundamental laws, found in all major religions/philosophies, are the core of common law:
  • Do everything you have agreed to do.
  • Do not encroach on others or their property.
• These principles allow for the enforcement of just laws on all members of society.
• Encroachment beyond these two fundamental principles is forbidden.
• Individuals are free to follow other laws (charity, compassion, etc.), as long as the two fundamental laws are respected.

Importance of Common Law in American History

• America's prosperity and freedom were linked to widespread adherence to common law principles.

• Government officials and citizens alike respected common law principles.

Common Law and Natural Law

• Courts existed before codified law; determining and applying Natural Law was the courts' original task.
• Common law emerged as an attempt to reflect Natural Law.
• Natural law cannot be changed by majority rule or good intentions.
• Common law, despite imperfections, represents the best legal system humanity has developed so far.

Common Law Principles and Government

• Governments are similar to private organizations, composed of ordinary human beings, not angels or miracle workers.
• Government officials enjoy the privilege of encroachment (violating the rights of ordinary individuals), but are not equal in the law to ordinary citizens.
• The Nuremberg trials emphasize that individuals' duties extend beyond national laws (there exists a higher duty).
• "All men are created equal" signifies that no one is above the law, not even government officials.

Connection Between Law and Economics

• Economic systems are a product of legal systems.
• Law is the cause, and economics is the effect.
• Economists often ignore law, and lawyers often ignore economics.
• The critical link between law and economics remains largely unknown.

Abraham Lincoln and Common Law

• Abraham Lincoln advocated for reverence for common law—not for political laws.
• His call for its universal acceptance as a political religion has been largely ignored, leading to a lack of understanding of common law in modern America.

Promoting Understanding of Common Law

• Encourage friends to read the author's letters and related materials (e.g., "The Enterprise of Law by Bruce L. Benson).
• Examine differing perspectives on law, power, and government.
• Emphasize understanding of the economic connections with law.