Civil Law (Legal System)

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The next definitive historical treatise on the common law is Commentaries on the Laws of England , written by Sir William Blackstone and first published in 1765-1769. Since 1979, a facsimile edition of that first edition has been available in four paper-bound volumes. Today it has been superseded in the English part of the United Kingdom by Halsbury’s Laws of England that covers both common and statutory English law.

Administrative agencies may also create laws. The federal and state constitutions implicitly give the legislatures the power to create administrative agencies. Administrative agencies are necessary because lawmakers often lack detailed knowledge about important issues, and they need experts to manage the regulation of complex subjects. On the federal level, for example, the Department of the Interior was created by Congress to manage the nation’s natural resources. In creating the agency, Congress gave it power to promulgate regulations concerning the use and protection of natural resources.

John Adams , “Novanglus Papers”, no. 7. Reported in Charles Francis Adams, ed., The Works of John Adams (1851), vol. 4, p. 106. Adams published articles in 1774 in the Boston, Massachusetts, Gazette using the pseudonym “Novanglus”. In this paper he credited James Harrington with expressing the idea this way. Harrington described government as “the empire of laws and not of men” in his 1656 work, The Commonwealth of Oceana (1771), p. 35. The phrase gained wider currency when Adams used it in the Massachusetts Constitution, Bill of Rights, article 30 (1780). The Works of John Adams (1851), vol. 4, p. 230.

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