Re:The case against crisis-mongering
by namdnay on Saturday August 14, 2021 @02:49PM
(#28183037)
So a civil law system, rather than common law? Yeah they have that in France, it comes with its own issues (very slow to adapt - women only got the vote in the 60s, and the death penalty was still there until the 80s if I remember correctly)
[ Parent
| on HN ]
Not just in France. Most of Europe and the Americas use a civil law system, except for former British colonies.[1] This includes many nations that gave women the right to vote before the US did. And as for the death penalty, well, the US still has that.[2] So your examples haven't convinced me that civil law is slow to adapt.
1: https://en.wikipedia.org/wiki/Common_law#/media/File:Map_of_...
.png){kind=link}
Re:The case against crisis-mongering
by OrvalWintermute on Saturday August 14, 2021 @05:47PM
(#28184196)
Not civil law vs common law, or, common law vs continental law [1]
In using the Constitution as a living document which can be interpreted by an activist judge, rather than the constitution as written [2], as passed by the states/amendment (originalism), interpreted by precedents from the collection of rulings, and caselaw.
[1] https://www.lawteacher.net/free-law-essays/constitutional-la...
[2] https://www.swindlelaw.com/2017/10/originalism-living-consti...