LegHis Notes Oct 10, 2020

Q: Devices that accelerated usurpation of lands

Native Collaboration – Datus ceded lands; even if they were not empowered to do so.
Maura Law – Required natives to register lands; not aware of legal system, or land registration

Mines View – Natural Resources – Expropriation – WON State can exercise Regalian Doctrine to
Ancestral Lands which contains natural resources

Civil Law Common Law

Basis Legislation Judicial decisions
Rule of Statutes Primary Binding System Primary Source, but…
Rule of Decisions Binding in particular cases Because of precedent / stare decisis, decisions
(interpreting statutes) are binding on courts and
similar situations
Legislative General Subjects Particular rules for certain facts
subjects
Reasoning Deductive Inductive
Approach Top to bottom Bottom to top
Basis for stability Legislative text Precedent
(Authoritatice)
Role of judges Apply the codes to the “Find law” in and apply it to particular situations
facts of a dispute
Legal Education Doctrinal (high level of Practical (primacy of decided cases)
abstraction)
Doctrinal Treatises/commentaries Decided cases
Materials
Research Codes Previously decided cases

Stability – consistency; regulate their conduct