The common law became effective in Kansas when the organic act passed. By law of 1855 (Statutes, p. 469) —well after the U.S. Constitution came to be— the common law of England and all statutes “prior to 4 James I”* not local to that kingdom, and of a general nature, except statutes for the punishment of crimes and misdemeanors, were adopted "as the rule of action and decision in the territory." This adopted the common law as to rights of action and forms of remedy so far as it was consistent with the constitution and laws of the United States and the statutes of Kansas. The original act stated that the legislature had the power to enact statutes contrary to any rule of action and decision in the territory, or any law, custom, or usage. In 1868 the original act was repealed and an expanded use of the common law was adopted by the legislature. G.S.1868, Ch. 119, Art. I, § 3 stated: "The common law, as modified by constitutional and statutory law, judicial decisions, and the condition and wants of the people, shall remain in force in aid of the general statutes of this state; but the rule of the common law, that statutes in derogation thereof shall be strictly construed, shall not be applicable to any general statute of this state; but all such statutes shall be liberally construed to promote their object." This wording remains in effect today as K.S.A. 77-109. *4 James I (the fourth year of the rule of James the First) was approximately 1607. It is at the very least interesting that Sir William Blackstone’s Commentaries on the Laws of England —the first methodical treatise on the common law suitable for a lay readership since at least the Middle Ages, long regarded as the leading work on the development of English law, and key in the development of the American legal system— did not exist in 1607. The great bulk of Lord Koch’s work did not occur until after 1607. The number and breadth of questions that have long been considered decided law on the strength of foreign law conceptualized after 1607 is vast. If the anti-sharia law is taken at face value, it will come at the cost of hundreds of millions of dollars in litigation costs. And far more than that in economic costs as courts sort out anew. from scratch questions like what amounts to a cause of action in contract.
Posted on: Sat, 06 Jul 2013 23:45:49 +0000