Talk:Code (law)
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[edit] Old discussion copied from Talk:Legal code (municipal)
What's the difference ( remeber Aristotle ? Herodotus?) between law and code ( particularly municiple ), etc ? Quasi judicial and quaSI criminal? These are dark areas of law and should be explained. ` Wblakesxwblakesx
Text removed (in italics):
includes measures of formal distrust and other ways
Distrust is an article written by banned user EntmootsOfTrolls and recreated by his suspected reincarnation, JRR Trollkien. Because it is doubtful whether that article should exist, given our policy for handling such text, I object to having links added to it, especially when that same user is adding the links. If another user wants to vouch for it, I can live with that. Kim Bruning restored a link on checks and balances (there was no text besides the link). Since he restored it there, but not here, I read that as a conscious choice about where the link belongs, so I do not believe JRR Trollkien is justified in restoring it here. Furthermore, here it involves additional text, which I think disrupts the flow and the thought communicated by the sentence it is in. Checks and balances is already linked in the sentence; distrust is now linked as part of that article; the distrust article, as written, relates more directly to that topic than to legal codes generally; in this context, it seems out of place. If another person wants to restore the link, they are welcome to try addressing my concerns. --Michael Snow 16:21, 3 Jun 2004 (UTC)
[edit] Accuracy dispute
It seems that the statement in the lead paragraph,
"By contrast, in a common law country a Code is a less common form of legislation, which differs from usual legislation that, when enacted, modify the existing common law only to the extent of its express or implicit provision, but otherwise leaves the common law intact. By contrast, a code entirely replaces the common law in a particular area, leaving the common law inoperative unless and until the code is repealed"
does not accurately describe how it works in those U.S. states, such as Maryland, where there is both a Code and common law. And even if it is accurate, it is unsourced. 69.140.152.55 (talk) 19:05, 16 March 2008 (UTC)
- Could you elaborate? I am not familiar with the legal system of Maryland. If the Code does not entirely displace the common law within its field of operation, what is the status of the common law? Could you give an example of a code that co-exists with the common law in that field? --PalaceGuard008 (Talk) 20:39, 16 March 2008 (UTC)
