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I forgot about this until this morning

February 1, 2010

When I followed a link to The Volokh Conspiracy.

Last week Glenn Beck was going on about how this guy Roscoe Pound, who was once dean of Harvard Law School, had single handedly brought about the use of caselaw from decided cases in US courts. I knew at the time that it was wrong but didn’t think much more about it. So much of what Beck says is debunking him could be a full time job.
There is a term for what Beck is describing – common law and it has been in use in England and by extension America since the middle ages.

The form that Beck seems to prefer is that in use in France. The Napoleonic code.

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