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Category: common-law
Quotes of Category: common-law
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  1. Philip K. Howard _ The Death of Common Sense: How

    Uniformity in the common law, consisting of broad principles like the "reasonable person" standard, generally permits adjustment for the circumstances. This type of uniform principle is almost synonymous with fairness. Uniform application of a detailed rule, on the other hand, will almost always favor one group over another. p. 34
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  2. Antonia Fraser _ The Weaker Vessel

    It was a fact generally acknowledged by all but the most contumacious spirits at the beginning of the seventeenth century that woman was the weaker vessel; weaker than man, that is. ... That was the way God had arranged Creation, sanctified in the words of the Apostle. ... Under the common law of England at the accession of King James I, no female had any rights at all {if some were allowed by custom}. As an unmarried woman her rights were swallowed up in her father's, and she was his to dispose of in marriage at will. Once she was married her property became absolutely that of her husband. What of those who did not marry? Common law met that problem blandly by not recognizing it. In the words of {the leading 17th century compendium on women's legal status}: 'All of them are understood either married or to be married.' In 1603 England, in short, still lived in a world governed by feudal law, where a wife passed from the guardianship of her father to her husband; her husband also stood in relation to her as a feudal lord.
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  3. Thomas Jefferson _ Letters of Thomas Jefferson

    If, therefore, from the settlement of the Saxons, to the introduction of Christianity among them, that system of religion could not be a part of the common law, because they were not yet Christians; and if, having their laws from that period to the close of the common law, we are able to find among them no such act of adoption; we may safely affirm {though contradicted by all the judges and writers on earth} that .{}"
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