The 13 original colonies had been using English widespread legislation for a few years, and so they continued to do so after independence from England. Early instances from the first states are stuffed with references to already-decided English circumstances.
The World Law Dictionary Project
As years went by, many precedents had been established by US state courts, in order that at present a judicial opinion that refers to a seventeenth- or eighteenth-century English frequent-law case is quite rare. Most of what we talk about on this guide is optimistic legislation—US positive regulation particularly. But first, will probably be useful to cover some primary concepts and distinctions. Each of the various schools of legal thought has a particular view of what a legal system is or what it must be.
The social context of legislation was more important to authorized realists than the formal utility of precedent to present or future authorized disputes. Rather than suppose that judges inevitably acted objectively in applying an current rule to a set of facts, authorized realists observed that judges had their very own beliefs, operated in a social context, and would give authorized decisions based on their beliefs and their very own social context. … Read More