Difference between Common Law Rule and Traditional Rule? Forum

[Marshall28]

When I read my textbook, especially criminal law text, references are made to the common law rule, the traditional rule or view, and the [/i]modern view[/i].

I understand what common law is. At least I am assuming it is a view on a legal principle that is or was not based on statutes, but on custom. And the modern view is typically a statutory view. So then what is a traditional view?

Please help.

[TTH]

Could mean common law vs. statute, or it could mean ancient common law vs modern common law (e.g., the development of liability based on fault in torts).

Probably nothing you need to be srsly concerned about.

[Green Crayons]

Unless if common law and traditional law is being directly contrasted, the book is probably just being sloppy and using two separate terms for the same thing. If they are being directly contrasted, my presumption is that traditional law would be referring to traditional statutory codification, to be contrasted with common law development and modern statutory evolution.


No big deal, at any rate. On the exam, you'll be saying "Traditionally..." or "Per the common law..." depending upon how your book describes it.

[dixon02]

When I read my textbook, especially criminal law text, references are made to the common law rule, the traditional rule or view, and the [/i]modern view[/i].

I understand what common law is. At least I am assuming it is a view on a legal principle that is or was not based on statutes, but on custom. And the modern view is typically a statutory view. So then what is a traditional view?

Please help.

If it is contrasting the two, in all likelihood 'traditional' is English/older common law, while 'common law' is modern American common law. For instance, in a crim example, the traditional rule was that a man could not rape his wife, but in most (all?) states, the common law now recognizes such a charge.

[Marshall28]

This actually helped guys, thanks

[Cupidity]

Crim law exams are notorious for comparison questions. If you professor has been assigning reading, and has also discussed differences in class, I would expect at least one issue spotter question to the effect of "XYZ happened, compare potential homicide analysis under MPC v. CL."

I would check old exams to confirm. Common comparison topics are Homicide, Rape, and Accomplice Liability (though I might be thinking of attempt).