Wednesday, January 03, 2007

COMM 317 -- common law and Lord Coke

Some more links for the COMM 317 syllabus"

'Stork didn't bring our rights.' Read the essay on "Legal Foundations of Press Freedom in the United States" by Jane E. Kirtley, media ethics professor at the School of Journalism and Mass Communication, University of Minnesota, explains how judges going all the way back to Merrie Olde England brought us our rights. Also read about Sir Edward Coke, legal scholar and judge of the English courts of Common Pleas and King's Bench in the 1600s. Lord Coke is one of the guys who most influenced our system of law, our way of thinking about legal issues and therefore the rights we enjoy as American citizens.




Wisdom from Lord Coke. Several passages from a collection of quotes by The ... Institutes of the Lawes of England Sir Edward Coke (1552-1634), Chief Justice of the King's Bench under King James I:
There be three kinds of unhappie men. 1. Qui scit & non docet, Hee that hath knowledge and teacheth not. 2. Qui docet & non vivit, He that teacheth, and liveth not thereafter. 3. Qui nescit, & non interrogat, He that knoweth not, and doth not enquire to understand. Sect. 232b.

The reason of the law is the life of the law; for though a man can tell the law, yet if he know not the reason thereof, he shall soone forget his superficial knowledge. But when he findeth the right reason of the law, and so bringeth it to his natural reason, that he comprehendeth it as his own, this will not only serve him for the understanding of that particular case, but of many others ... Sect. 183b.

Law temporall ... consisteth in three parts, viz, First, on the common law, expressed in our bookes of law, and judiciall records. Secondly, on statutes contained in acts and records of parliament. And thirdly, on customes grounded upon reason, and used time out of minde; and the construction and determination of these doe belong to the judges of the realme. Sect. 344a.
I like Coke.

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