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The widespread regulation in Blackstone’s England was a physique of principles arcane and difficult to understand, for generally the rationale underlying guidelines had been obscured by the mists of time. The widespread-law system prevails in England, the United States, and other nations colonized by England.
In 1848 the state of New York enacted a code of civil process (drafted by David Dudley Subject ) that merged legislation and equity into one jurisdiction. Until comparatively recent times there was a sharp division between common law (or authorized jurisprudence) and fairness (or equitable jurisprudence).
Judges needed to follow the precedent of the unwritten widespread regulation unless it was patently absurd or unjust—a high standard to satisfy. By the point of Edward I there was in existence a ‘common legislation’—the law administered in the king’s courts throughout the land and subsequently ‘common’ to the whole … Read more