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[QUOTE="Stu_Ungar, post: 1736754, member: 39779"]
Thats always going to be a problem with a common law judicial system vs a civil law judicial system.

You started with very few laws and were free to do anything not specifically prohibited (which would make sense with civil law)

Over time a common law system deviates from what might be the true intention of a specific law because every trial allows a slightly new precedent to be established, in effect a slight rewriting of the law without the need to go back to legislators.

So over time, you dont just end up with more laws, you end up with existing laws taking on a wider scope than originally intended.

I have never understood why the founding fathers wrote a constitution and then decided upon a common law judicial system.  The very fact they thought a constitution was a good idea would surely have led them to consider civil law.

Not only that but much of the thinking surrounding a constitutional nation came from French political writers, and of course, France uses civil law.
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