Date: Thu, 10 Aug 2006 10:42:57 -0400

From: David Cheifetz

Subject: Law's (Il)logic

So much for the adage that one important difference between the systems is that civil law decides cases by authority of reason, the common law by reason of authority.

David

-----Original Message-----
From: Hector MacQueen
Sent: August 10, 2006 10:33 AM
Subject: RE: ODG: RE: Law's (Il)logic

Perhaps worth adding to the list of "logic" quotes the following from the Lord President (as he then was) Lord Rodger of Earlsferry in the First Division of the Inner House of the Court of Session in the Piper Alpha case -

However logical such an argument may be, it does not represent the law. The life of the Civil Law, no less than of the Common Law, "has not been logic: it has been experience."

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