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Re:The Supreme Court is struggling to rein in America's rogu... by GregBuchholz on Wednesday June 04, 2014 @06:58PM (#7848987)
Here's one historical explanation of common law that might provide some insight:

http://faculty.msb.edu/hasnasj/GTWebSite/nyufinal.pdf

...and not directly applicable for this discussion, I also like "The Myth of the Rule of Law":

http://faculty.msb.edu/hasnasj/GTWebSite/MythWeb.htm

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