US legal system in the context of English legal heritage and theory of the natural rights of John Locke

The paper discusses several characteristics of the US legal system that rest upon English legal heritage, brought from England to North America by the first colonists. The author starts from the premise that constant modifications of basic principles of English common law system and legal and judici...

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Main Author: Bekčić-Pješčić Gordana
Format: Article
Language:English
Published: Institute of Comparative Law, Belgrade 2018-01-01
Series:Strani pravni život
Subjects:
Online Access:https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2018/0039-21381804095B.pdf
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author Bekčić-Pješčić Gordana
author_facet Bekčić-Pješčić Gordana
author_sort Bekčić-Pješčić Gordana
collection DOAJ
description The paper discusses several characteristics of the US legal system that rest upon English legal heritage, brought from England to North America by the first colonists. The author starts from the premise that constant modifications of basic principles of English common law system and legal and judicial practice gave rise to a specific US legal system that has a dual nature, based on common law principles on the one hand and the letter of the written law on the other. The paper also analyzes the legacy of the philosophical system of John Locke on natural rights, the status of property and the government on establishing American political and legal thought, embodied in the Declaration of Independence and the Bill of Rights.
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spelling doaj.art-14c30ba3eea841f6999f283d427faf792022-12-21T19:16:56ZengInstitute of Comparative Law, BelgradeStrani pravni život0039-21382620-11272018-01-0120184951060039-21381804095BUS legal system in the context of English legal heritage and theory of the natural rights of John LockeBekčić-Pješčić Gordana0nemaThe paper discusses several characteristics of the US legal system that rest upon English legal heritage, brought from England to North America by the first colonists. The author starts from the premise that constant modifications of basic principles of English common law system and legal and judicial practice gave rise to a specific US legal system that has a dual nature, based on common law principles on the one hand and the letter of the written law on the other. The paper also analyzes the legacy of the philosophical system of John Locke on natural rights, the status of property and the government on establishing American political and legal thought, embodied in the Declaration of Independence and the Bill of Rights.https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2018/0039-21381804095B.pdfus legal systemlegal heritageus constitutioncommon lawnatural rightsjudicial reviewprecedent
spellingShingle Bekčić-Pješčić Gordana
US legal system in the context of English legal heritage and theory of the natural rights of John Locke
Strani pravni život
us legal system
legal heritage
us constitution
common law
natural rights
judicial review
precedent
title US legal system in the context of English legal heritage and theory of the natural rights of John Locke
title_full US legal system in the context of English legal heritage and theory of the natural rights of John Locke
title_fullStr US legal system in the context of English legal heritage and theory of the natural rights of John Locke
title_full_unstemmed US legal system in the context of English legal heritage and theory of the natural rights of John Locke
title_short US legal system in the context of English legal heritage and theory of the natural rights of John Locke
title_sort us legal system in the context of english legal heritage and theory of the natural rights of john locke
topic us legal system
legal heritage
us constitution
common law
natural rights
judicial review
precedent
url https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2018/0039-21381804095B.pdf
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