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As early as the 15th century, it became the practice that litigants who felt they had been cheated by the common law system would petition the King in person. For example, they might argue that an award of damages (at common law (as opposed to equity) ) was not sufficient redress for a trespasser occupying their land, and instead request that the trespasser be evicted. From this developed the system of equity , administered by the Lord Chancellor , in the courts of chancery By their nature, equity and law were frequently in conflict and litigation would frequently continue for years as one court countermanded the other, 90 even though it was established by the 17th century that equity should prevail.
Whereas neoliberalism posited a market that was intrinsically ineffable and unknowable, each actor participating on the idea of optimum stupidity and blindness as to the overall, majestic logic of the market, now the market is understood, and shaped, by way of knowledge extraction. The additional economic transactions are mediated by computing, the extra flows of objects, goods, our bodies and providers could also be tracked by sensors and chips, the more surveillance cameras and authorities and corporate information produce digital data, and the additional of every day experience is recorded and gathered as data (cf Google Street View), the more markets is likely to be skilled-actively anticipated, produced and formed. Actuality itself is monopolised and commodified: turning into, in Polanyi’s phrases, a fictitious commodity.
There are other notable differences between the legal methodologies of various civil law countries. For example, it is often said that common law opinions are much longer and contain elaborate reasoning, whereas legal opinions in civil law countries are usually very short and formal in nature. This is in principle true in France, where judges cite only legislation, but not prior case law. (However, this does not mean that judges do not consider it when drafting opinions.) By contrast, court opinions in German-speaking countries can be as long as English ones, and normally discuss prior cases and academic writing extensively.