Saturday, April 20, 2019
The Declaration of Independence in the American Legal System Essay
The contract bridge of freedom in the American juristic System - Essay ExampleThe firmness of purpose of Independence in the American Legal System How the Declaration of Independence came about started a long time ago, in the annals of history. The police forces in the United States which before long govern Americans private and working lives, in some(prenominal) spheres, have radically changed over the last twain hundred-and-thirty-five years that this country has been in existence. When lawyers speak of the incline heavy system they are referring to the unified legal system of England and Wales. However, since the U.S., before its inception was colonized by the Britishmuch of American law is derived from the English legal system. Since Great Britain ru lead over the colonies, they had adopted the British legal system. There are several sources of the American legal systemincluding the nature of law, plebeian law, and statute lawand why the Declaration of Independence is most closely associated with statute law, even though it has elements of the other law in it. a. The Nature of right In any community or group, rules made by the people will develop to harbour the relationships between these members. These rules are essential if the community is to work. Human beings tend to congregate in societies with a grassroots human instinct to survive and as far as is possible to flourish. Even in primordial societies, traditions, religions, and customs will affect conduct as a society develops. As these societies grow, a more than complex set of rules of a more definite nature emerge and a ashes of law comes into existence. At the same time machinery for the enforcement of these new laws must also come into existence. At first, the colonies were a body of independent states that operated separately from each other. However, eventually, the colonies realized that their independence was imminent once Britain started to block their supply ships with the booster of German mercenaries. This made it evident to politicians, statesmen, and writers that Britain was declaring war on the colonies (in essence). Thomas Jefferson used language from John Lockes Second Treatise on Government to help, in part, draft the Declaration of Independence Republicanism meant more than ousting the king. The Declaration of Independence had stated the principle of popular sovereignty Governments derive their just powers from the consent of the governed. In the lovingness of revolution, many Patriots gave this clause a democratic twist (Henretta and Brody 2010, 174). Jefferson would later develop the Federalist powers, having developed the concept of checks and balances in government. b. Common Law Most legal systems in Europe (including Scotland) are strongly influenced by popish Law, and still, have some carryover today. The body of law that applies in England and Wales is different and has gradually developed over a long period of time. This body of la w is called the Common Law and has become the basis of law non only in England and Wales but also in the United States of America and many Commonwealth countries. The common law developed from the Norman Conquest in 1066 when a centrally strong government led to a centralization of the administration of law, the unification of varied local customs, traveling judges and centralized courts with a common law.