"A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt
Keep your religion out of other people's marriages.
I see you still wallowing in delusional perceptions of WHY these "HISTORICAL DOCUMENTS" were included in the "preface of these titles".
Wave your magic wand, Earnest... ...and POOF...our UNWRITTEN LAWS APPEAR IN THE CLOUDS.
Rights are unwritten, huh? Yes, we get the "hocus pocus origin" that you claim. I dream about it.
Right to Privacy wasn't flying around in the air somewhere. It was an erroneous omission. That ommission was an error relative to the times.
Why the "Right to Privacy" isn't written - who knows? But the error was discovered by numerous S.C. Justices who have said: Various Amendments would collapse without Right to Privacy being an intricate part of the meaning of those Amendments. In other words, no interpretations would be accurate without such an important aspect being incorporated into the letter of the meaning of those Amendments.
It's not rocket science. If you could understand the functions of the Judicial Branch of Government, common law, and Constitutional law, all of this would be clear to you. Our judicial system wasn't complete in any sense of the word when it came into being in the late 1700s. It was a work in progress then...and it remains so today. It's malleable. It's forever changing.
Yes, the toe bone is connected to the foot bone. The foot bone is connected to the leg bone. The leg bone is connected to the hip bone. Yadda, yadda, yadda. The evolution of our system of government began centuries ago. None of what the founders did was new. They tweaked many, many ideas that came way before them. It's evolutionary thinking...not magical thinking...that brought us to where we are today with civil law.
Unwritten law refers to the law based upon custom, usage, and judicial decisions. It is distinguished from the enactments of a legislature, orders or decrees in writing. Although an unwritten law is not enacted in the form of statute or ordinance, it has got legal sanction. An unwritten law need not be expressly evidenced in court decisions, but may be collected, gathered or implied there from under statute.
Unwritten rules, principles, and norms that have the effect and force of law though they have not been formally enacted by the government.
Most laws in America are written. The U.S. Code, the Code of Federal Regulations, and the Federal Rules of Civil Procedure are three examples of written laws that are frequently cited in federal court. Each state has a similar body of written laws. By contrast, unwritten law consists of those customs, traditions, practices, usages, and other maxims of human conduct that the government has recognized and enforced.
Unwritten law is most commonly found in primitive societies where illiteracy is prevalent. Because many residents in such societies cannot read or write, there is little point in publishing written laws to govern their conduct. Instead, societal disputes in primitive societies are resolved informally, through appeal to unwritten maxims of fairness or popularly accepted modes of behavior. Litigants present their claims orally in most primitive societies, and judges announce their decisions in the same fashion. The governing body in primitive societies typically enforces the useful traditions that are widely practiced in the community, while those practices that are novel or harmful fall into disuse or are discouraged.
Much of International Law is a form of primitive unwritten law. For centuries the Rules of War governing hostilities between belligerents consisted of a body of unwritten law. While some of these rules have been codified by international bodies such as the United Nations, many have not. For example, retaliatory reprisals against acts of Terrorism by a foreign government are still governed by unwritten customs in the international community. Each nation also retains discretion in formulating a response to the aggressive acts of a neighboring state.
In the United States, unwritten law takes on a variety of forms. In Constitutional Law the Supreme Court has ruled that the due process clause of the Fifth and Fourteenth Amendments to the U.S. Constitution protects the right to privacy even though the word privacy is not mentioned in the written text of the Constitution. In Commercial Law the Uniform Commercial Code permits merchants to resolve legal disputes by introducing evidence of unwritten customs, practices, and usages that others in the same trade generally follow. The entire body of Common Law,
comprising cases decided by judges on matters relating to torts and contracts, among other things, is said to reflect unwritten standards that have evolved over time. In each case, however, once a court, legislature, or other government body formally adopts a standard, principle, or Maxim in writing, it ceases to be an unwritten law.
unwritten law legal definition of unwritten law
Last edited by Master PO; 05-29-15 at 01:18 PM.
I am the President see me smile
I am the President see me smile