The Pan-Angles: A Consideration of the Federation of the Seven English-Speaking NationsKennedy, Sinclair
History
The Pan-Angles: A Consideration of the Federation of the Seven English-Speaking Nations
Kennedy, Sinclair
Anglo-Saxon race; Great Britain -- Colonies; Great Britain -- Relations -- United States; United States -- Relations -- Great Britain
Our law, like our language, has flowed from many sources and has
been subjected to foreign influence. The colonists carried out
with them the English common law, the sources of which "have
been stated to be 'as undiscoverable as those of the
Nile.'"[67-3] Quite different from this is the common law of
Scotland, "based on the principles {68} of the Roman Civil and
Canon law as applied and modified by a long series of statutes
of the Scots Parliament and decisions of the Scottish courts.
. . . A detailed comparison of the differences between the
private law of England and Scotland would involve a survey of
the whole domain of jurisprudence and would be the work of a
lifetime;"[68-1] From 1642 to 1652 occurred the English Civil
War, followed by the Commonwealth. In those stormy years which
seem, as writes an Australian jurist, "to have anticipated
almost every effort of modern political thought, scarcely any
cry was more persistently raised by the reform party than the
cry for reform of the law. It was the first great period of
conscious law reform."[68-2] All the Pan-Angle nations, save
only the British Isles and Newfoundland, had the stress of that
period reflected in the history of their settlements, or were
founded after the results of that war had been produced.
In the new countries the legal influence was predominantly
British, but in some parts the colonists encountered communities
of Europeans of other civilizations and of other legal theories.
In Quebec and Louisiana they met French law; in western United
States, Spanish; and in South Africa, a form of Roman-Dutch.
Being elements in civilizations which only gradually have
blended into that of the Pan-Angles, these laws have in greater
or less measure survived. But in such {69} localities slowly the
foreign law merges into that of the local Pan-Angles. As an
example we have South Africa: "The local Dutch statute law was
abandoned perforce as obsolescent, and replaced almost entirely
by local enactments based upon the existing circumstances of the
colony or founded upon English statutes, and the Roman-Dutch
common law, broadly speaking, came to be administered
concurrently with English common law. Nor was it surprising
that, with judges and advocates alike versed in the decisions
and practice of the English Courts, English principles were more
and more closely woven into the fabric of the Colonial law. And
apart from the influence of the 'case-law,' thus built up
through the Colonial Reports, circumstances--or rather its
greater capacity to satisfy the conditions of modern life--gave
the regulation of the field of commercial intercourse almost
exclusively to English law."[69-1] A like story might be told of
French law in Louisiana. In other instances, where perhaps it
receives no official recognition, non-English law has doubtless
had its effect on what may be loosely called Pan-Angle law. As
long as it suits the people and their needs better, so long a
Public-domain text, read in full here on John Shaqi.
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