| OCR Text |
Show i With 'this beginning, which presents pre-sents a rather broad, but brief, view of the organization of the law, we should be able to bring f into closer focus what our law is, and what .it can be expected to do under certain situations. In addition, to giving certain examples exam-ples and illustrations of the action of the operation of the law, this column will, in future issues, attempt at-tempt to furnish some basis for an appreciation of why we have chosen to submit ourselves to the control of the law. To do this you will meet here historical fact, fancy, fan-cy, and anecdote, for law is life-it life-it was, and is made by men whose emotions ran, and yet run, the same gamut as do our own. , The Common Law And The Statutory Law In this country we have a legal maxim which states that for every ev-ery wrong there is a remedy. This we shall find is largely true, and to find that remedy for whatever what-ever wrong is suffered by persons within ouc borders we shall look to either the common law or to that law which our representatives to the Congress of the United States have enacted and the President Pre-sident has seen fit to sign, and the law enacted or authorized by the legislatures of the various states. Within these two groups falls all of the secular law. j What is the common law? The! name was aptly chosen for it was made from the' settlement of controversies con-troversies which commonly arose among the inhabitants of early England the American common law is primarily an English insti- The seamless web is a vast body of rules designed to control the conduct of all organized civilizations, civi-lizations, and to provide a remedy for those who have been harmed, or who are about to be harmed by conduct which does not fit the conception of justice which each organized society has built for itself. it-self. The Seamless Web is the Law. In this column, this week and in future issues, you will find a general gen-eral survey of those rules which govern your relations with your neighbor, the butcher, the baker, the candlestick maker, and that ubiquitous institution which seems to have become so much a part of our lives, the finance company, to mention only a few of our daily associations. It is believed that what you will find in the Seamless Web will be both interesting and informative. The subjects treated here will be discussed generally without any attempt being made to solve specific problems. For the application of the law to a specific situation you should see your lawyer. However, it is hoped that our weekly conclave will be such that readers will find it not only entertaining, but educational as well. No doubt within a week or two the problems printed here will spark your curiosity, and if they do your questions, addressed to the writer in care of this paper, j will be discussed in this column if, in the opinion of the writer, they can be dealt with ethically the determination as to whetherj they will be answered will have to remain within the discretion of your correspondent. Organization of the Law A popular legal reference work has over fur hundred different headings under which the rules of the law are organized. This does not mean that each one of these divisions is a group of rules which can be applied to solve legal problems pro-blems independently of the others. The converse is true. The solution of legal problems depends upon the application of the rules from many of these different classifications. classifica-tions. This vast body of rules of conduct con-duct which we call the law, extends ex-tends into every form of human activity, and it is not inconceivable inconceiv-able that one fact situation could involve some consideration of the principles of each of the numerous fields and classifications of the law. So, the appelation, the Seamless Seam-less Web, remains the term which can convey the most realistic picture pic-ture of that body of rules under which we chose to govern the conduct con-duct of our society. If we imagine that each of the countless rules of law is a thread woven into a seamless web, that tution. The rules with which the American colonists began an organized org-anized society on the new continent contin-ent were pronounced by judges and men of authority in feudal times. These rules became further furth-er entrenced when the King's Courts were organized during the reign of Henry II (1154-1189) and at that time the common law began be-gan to evolve away from mere-locan mere-locan customs into the vital and active principles for which Sir Edward Coke (rhymes with cook) (1552-1634) was so largely responsible. respon-sible. The common law was so dear to the hearts of the early colonists colon-ists that they claimed it as their birthright and looked to it for the maintenance of their new found freedom. This system of law continued con-tinued in full force as the major guarantee of civic freedom to the colonists," and the original Declaration Declar-ation of Rights of the Continental Congress recognized it as such. Thus the common law became the basic framework for the foundation founda-tion of all the original states and the states formed from the original origi-nal states. In the states of our country which were formed from territory acquired from countries in which a different system of law was followed it became necessary nec-essary to determine which of the two different systems would be followed, and generally in most development of the society of this state they have been and are yet the rule of decision. Because the common law dealt with common situations and met each controversy with a view toj a just settlement (which would i preserve the King's peace) it has I maintained its life and vigor, and; its evolution was such that it gave to every new society in this country coun-try a basic and lasting framework frame-work upon which to build and it was and i3 flexible. Sir Edward Coke, supra, described de-scribed the common law this way, "Reason is the life of the law; nay, the common law itself is nothing no-thing else but reason. The law. which is the perfection of reason." Next week, we will venture into I the web with one of our major j landmarks as a guide. See you then. all the threads of a like kind are situated in the same area of the web, then when one part of the web is pulled, used, or disturbed we can see that some reaction is produced from all other parts of the web. Such is the action and interplay of the law. With such a group of rules and) mandates controlling our conduct. it is readily understandable why certain guideposts and landmarks are necessary to lead us- through any search or inquiry wev may want to make into the law. From early times such guideposts or classifications were used. The ancient Romans classified their law into Persons, Property and Things. This evolved into a classification, classi-fication, current some forty years ago, called The Seven Grand Divisions Di-visions of The Law. These divisions divi-sions were Torts, Contracts, Crimes, Equity, Property, Government Govern-ment and Procedure. Each one of these is a quilting block in the web we have spoken of. and each one is attached to and interwoven with .the other without a seam. About all of these areas and divisions divi-sions we will have more to say in subsequent issues. Each of them! will come in for its discussion and brief analysis. They will serve as i major landmarks for our venture! into the fastnesses of the Seamless! Web we will need them. j all of these the common law has been accepted and put into operation opera-tion by statutory enactment. An illustration of this which is found close to home comes from our Utah statute, Title 68, Chapter Chap-ter 3 & 1. UCA 1953. "The common com-mon law of England so far as it is not repugnant to, or in conflict with, the Constitution or law of the United States, or the Constitution Consti-tution or laws of this state, and sq far only as it is consistent with and adapted to the natural and physical conditions of this state and the necessities of the people thereof, is hereby adopted, and shall be the rule of decision in all courts of this state." This statute has come under the view of the Supreme Court of the State of Utah on various occasions and the high court has ruled that the fundamental principles of the English common law were adopted adopt-ed in this state without any of the harshness or rigor which characterized charact-erized some of the ancient law, and in so far as these fundamental principles lent themselves to the |
