POL SCI 147B Lecture Notes - Lecture 3: Henry Knox, Habeas Corpus
12 Sep 2016
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Document Summary
Common law- law of england made primarily by judges. Statutory law- takes precedence, law passed by congress (areas of religion and commerce) Hierarchies of society: reemphasize business of hierarchies and how over history all of them will be flattened. All major legislation of 18th century and all the disputes between colonies/mother country revolve around commerce. 16th, 17th, 18th centuries- king is in charge of appointing judges and running law enforcement. Habeas corpus passed as part of commercial shift in 1679. Well into 19th century, if wife left, the husband could go to court and get a writ of habeous corpus requiring his wife to go before the court, eventually returning her to her rightful guardian (husband) Shows gross subordination of hierarchies and the fact that the court would enforce them. The franchise was very small (3% population: english inheritance, pre-constitutional period, articles leading to convention, intercurrence. Everyone had 1 vote, no central judiciary, weak and ineffective.
