Quote from: justmeinoz on May 08, 2010, 06:26:38 AM
The English approach was to say what couldn't be done and left large areas for the Common law to make a ruling, whereas the Scottish opinion was that the law should specifically set out everything that was allowed.
I prefer the traditional English approach. Pity that Britain's( and the rest of the world's ) Govt. disagrees.
Typical Sharma stuff.
Looking at the point the other way, Scottish law sets out rights, while English law sets out prohibitions.
Sharma is an interesting TV historian. But his populist tendencies show through repeatedly.
History should be about annalysis. Sharma continues with the old habit of looking to justify established opinion.
Quote from: tekla on May 08, 2010, 12:43:31 PM
They did not hate (as kids are taught today sadly) that it was that particular bunch of people (Townsend, George3, et.all), they hated the entire British system pretty much to the roots. It wasn't just Lord North they were hating on. They disdained the very notion of Lord Anybody.
While we must all appreciate the teaching of the US version in US schools, the realities are somewhat different.
During the 18th century, England went through a number of reforms that were unprecidented in history.
The power of the monarchy was devolved to Parliment.
The economy was released from central control, money making ventures and innovations were largely allowed to develop as they will.
But this brought enormous social problems. The countryside economy collapsed as people moved into cities looking for better opportunities. What most found was grinding poverty which led to social breakdown.
The American revolutionary leaders, realising the enormous contribution their efforts were making to the wealth of England, sought self government under the slogan, No Taxation without Representation.
Had the UK Parliment given the American colonists representation, it is highly unlikely they would have backed down. What they really wanted was to control what they knew was a potentially enormous empire of wealth.
The government of the newly independant nation was based upon the government of pre-Cromwell England.
An autonomous head of state. Two parliments, one representating territory, the other people. All the main agencies, the military, national law enforcement, the economy, would be answerable to the head of state.
They then threw democracy into the mix. Making each level of government, from the head of state, down to those to administer the law, elected.
The claim of absense of an aristocricy is, of course, a nonsense. The American aristocricy doesn't tend to carry silly titles, but it exists and exercises its authority regularly.