Danllan
Member
- Location
- Sir Gar / Carms
See below...not quite sure how to describe 'normal' law, 'present law' ?
civil law has evolved through centuries, and one can see why police, CPS, etc, want to let it lapse, it means more work for them.
but it is based on historic principles, that seem irrelevant today, but, it is there, and weighted towards the 'victim', rather than the offender.
First, @Dry Rot is in Scotland, a separate jurisdiction and about the law of which I know only a little, and that is in re their Criminal law, my own field. Scotland's system, with its Civil leaning, has a mix of the codified, precedent, opinion and historic Common Law, beyond that I won't venture...Very interesting. Whats your view on this,@Danllan ?
I don't think 'normal law' really means anything here in England and Wales, other than to whoever is saying it; so, being subjective, it certainly has no objective meaning. @som farmer we don't have Civil Law in this jurisdiction, not in the sense that is generally understood, such as in Scotland, France etc.. We do have Civil law, meaning that which is not - generally - relating to Criminal law; and both have indeed evolved, and been given rapid changes, over a long time.
What I think you are referring to, is correctly termed the Common Law, which stems from the oldest Courts we are aware of. It is, basically, customary law, it covers what are now more formally Civil and Criminal law, and more obscure types too.
The Common Law can't 'lapse', expire or what have you; it is valid indefinitely, on the basis of custom and past precedent. It can be superseded by either specific legislation or implied recession (technically) but, otherwise, something that was last used in, say, 1638, could still be used today.
Edit: just noticed the general topic of the thread... 'wild' stuff such as berries and mushrooms are fine to take here, trespass is the issue, but that is generally a Civil tort and someone would have to prove loss to make anything of it. The 'loss' of berries or mushrooms wouldn't be considered - obviously any grown commercially are a different matter.