OCB wrote:You all do realise the entire Brit v European EU discontent was described decades ago by dusty old lawyers who said that Brit “common law” versus Napoleonic law would never work...
And yet we have had some very sensible regulations from the EU that have been adopted into UK law. Directives have been gold plated sometimes, but that's a national issue.
I really don't get the whole common law vs Napoleonic argument. Murder is illegal regardless of what country you are in. We do struggle here with ambiguity in some areas and the lack of a written constitution, but that is another national issue.
I saw some stuff about the Magna Carta, but that as designed for Nobles, was pre-universal suffrage and contains some rather antisemitic assumptions.
I wouldn’t have either if it hadn’t been for the fortune of growing up with right smart beggars.
At a philosophical level the easiest way I heard to describe common versus Napoleonic law is the former says “you can do what you want, unless there is a law that says otherwise”.
The latter says you can only do what the law says you can.
It’s not that simple, but the concept isn’t that far away.
There was a time not that long ago that if you were in employment and healthy you could spend decades with zero interaction with “guvmint”, and that was a healthy and responsible state of affairs.
Here in Belgium, you basically have to ask permission for everything, unless you know for sure it’s legal.
I’ve never understood why this was never considered more of an issue, I came to the conclusion I was more of an idiot than 99% of hue others