Origin of Legal system of England and USA
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England was invaded by kings from Europe many times. The king parcelled out the land into districts. He appointed people of his choice to control each district. They were "strong supporters" of the king, collecting taxes from the people for the king, and supplied the king with money and army. These "governors" parcelled out the land to people under him, and dealt with them as the king dealt with them -- asking them to collect taxes and to supply fighting men.

However, those "governors" had to settle disputes among the people; otherwise peace and stability would be lost. So they set up courts. But those courts of law were not free, and people had to pay for justice.

Elders, experienced persons, who previously settled disputes in the neighborhood, among families, were robbed of their judicial power. No one was allowed to administer justice for his neighbours. And only the king, and the "governors" under him, could settle disputes, in the courts of their choice, and to collect legal fees.

Those "governors" rarely cared for the people, what they cared were the taxes to be collected. But they had to provide this judicial service, or else peace and stability would be destroyed. They didn't want people to trouble them with disputes, so they raised the legal/court fees, and made many artificial rules. Many even took bribes and showed partiality.

Because of the complexity of the rules, lawyers become a big profession, and people have to pay expensive legal fees. What used to be a free and prompt administration of justice by elders/experienced persons, now becomes a cumbersome, lengthy and expensive process; worse, because of money-loving lawyers expert in legal tricks, true justice are often lacking.


Wu Siu Yan

P.S. For those interested, I recommend the book "The Background of The Common Law", by Derek Roebuck, Oxford University Press.

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