only is the criminal law wholly English, but the fundamental common-law institutions, supremacy of law, case law and hearing of causes as a whole in open court, have imposed themselves on a French code and have made great portions of the law Anglo- American in all but name. There are many signs that the common law is imposing itself gradually in like manner upon the French law in Quebec. In everything but terminology it has all but overcome a received Roman law in Scotland. The established Roman-Dutch law in South Africa is slowly giving way before it as the judges more and more reason in a Romanized terminology after the manner of com- mon-law lawyers. In the Philippines and in Porto Rico there are many signs that common-law adminis- tration of a Roman code will result in a system Anglo-American in substance if Roman-Spanish in its terms.
Whether it is the innate excellence of our legal system or the innate cocksureness of the people that live under it, so that even as Mr. Podsnap talked to the Frenchman as if he were a deaf child, we assume that our common-law notions are part of the legal order of nature and are unable to understand that any reasonable being can harbor legal conceptions that run counter to them, the Anglo-Saxon refuses to be ruled by any other law. Even more, he suc- ceeds in ruling others thereby. For the strength of the common law is in its treatment of concrete con- troversies, as the strength of its rival, the modern Roman law, is in its logical development of abstract conceptions. Hence wherever the administration of
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Publication Information: Book Title: The Spirit of the Common Law. Contributors: Roscoe Pound - author. Publisher: Marshall Jones. Place of Publication: Francestown, NH. Publication Year: 1921. Page Number: 2.
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