Whatever Happened to Justice Ch 19

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Questions and Answers

What role did courts of equity play in relation to common law?

They exclusively enforced political law.

They aimed to correct distortions in common law. (correct)

They were created to replace common law entirely.

They promoted trial by combat as a solution.

How did common law judges often respond to political lawmakers?

They collaborated with lawmakers to enforce political laws.

They tried to limit their judicial powers.

They ignored the rules of political law entirely.

They were frequently imprisoned or persecuted for their decisions. (correct)

What was the main aim of common law compared to political law?

To ensure the supremacy of political power.

To maximize individual freedom without restrictions.

To obtain truth and justice. (correct)

To establish religious principles as the basis for law.

What method was employed in the early years of common law to decide cases?

Trial by combat. Signup and view all the answers

What did the church leaders think about trial by combat?

They viewed it as contrary to principles of religion. Signup and view all the answers

What was one major flaw of common law highlighted in the content?

It allowed for judges to be politically influenced. Signup and view all the answers

What did common law give birth to in America?

The Constitution and the Bill of Rights. Signup and view all the answers

What aspect of common law does the author critique?

It can be altered by statutes. Signup and view all the answers

Which historical period does the author associate with the origin of common law?

The Dark Ages. Signup and view all the answers

According to the author, what do the courts need to establish for a purer form of common law?

Agreements among major religions and philosophies. Signup and view all the answers

What does the author suggest about the belief in majority rule?

It may not equate to what is ethically right. Signup and view all the answers

What reference does the author make to the American Founders' views on law?

They balanced respect for the past with contemporary reasoning. Signup and view all the answers

What is one characteristic of common law mentioned in the text?

It incorporates elements of superstition. Signup and view all the answers

What does the phrase 'blackjack mentality' most likely refer to in the context of common law?

The unpredictability in interpreting laws. Signup and view all the answers

What does the author imply about those who disagree with the law?

They have the option to exist outside the law. Signup and view all the answers

Study Notes

Common Law Imperfections

Common law, despite its merits, wasn't flawless. It was historically riddled with inconsistencies, particularly due to centuries of political interventions.
American Founders were not entirely supportive of a blind adherence to tradition. They emphasized the importance of reason and experience over unquestioning reverence for the past.
A significant flaw was the later inclusion of statutes (political laws) to modify common law principles, fundamentally contradicting its original ethos. This stemmed from a belief in majority rule.
Originating in a period of ignorance and superstition, the common law, especially in its treatment of gender and racial equality, contained profound inequalities.
Courts of equity were established to mitigate these historical injustices. Their objective was to prioritize principles over precedent.
Political actors frequently challenged common law principles of non-encroachment, leading to persecution of judges who resisted political mandates.
The Star Chamber, an oppressive court in medieval England, illustrates the dangers of political interference in justice systems through the use of torture and murder.
By the 1930s, political laws had effectively overshadowed authentic common law principles.
Prior to the 1930s, the common law generally functioned effectively. It was largely understood and supported due to alignment with religious beliefs and moral grounding.
It was a system built on logic, aiming for truth and justice through avoidance of abuse of power.
Common law predates modern scientific advancements, and historically relied on unscientific practices to determine guilt and innocence (e.g., trial by combat).
Early common law's methods, such as trial by combat, have been misinterpreted and criticized for being too barbaric, according to some commentators.
The clergy actively opposed certain common law practices that contrasted with religious principles. Historically, they objected to dueling.

Common Law's Positive Attributes

Common law, though flawed, was considered the most sophisticated legal framework of its time.
Common law fundamentally shaped American philosophical tenets and, importantly, the Bill of Rights.
Its founding principles underpinned the American Revolutionary movement.
Colonial settlements were explicitly granted rights to common law, including trial by peers.

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Description

This quiz explores the imperfections of common law, focusing on its historical inconsistencies and the impact of political interventions. It delves into the American Founders' perspectives on reason versus tradition and addresses the inequalities inherent in the system. Additionally, the role of courts of equity in addressing these flaws will be examined.