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MikeLittle.
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ilham9089
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Can legislation modify or replace existing statutes? In the notes it says, “statute is not to alter existing common law” but in my kit it says legislation may modify or replace existing statutes.
MikeLittle
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But ‘common law’ is not statute!
Of course legislation can modify or replace statute law. If it couldn’t, there would still be statute whereby stealing a sheep is a hangable offence and the allegation that your neighbour is a witch would result in her being burned alive!
Where is the notes does it say that statute is not to alter existing common law? I can’t believe that I have ever said nor written that!
ilham9089
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Oh I see what you mean. So what exactly does it mean to alter common law? Like the judicial precedents or the reward of damages?
MikeLittle
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Common law gets overtaken by current situations and acceptabilities
50 years ago, mobile phones weren’t in existence. Nor was same-sex marriage. Nor surrogate motherhood.
Whatever law existed previously covering the topic of abortion or homosexuality, that common law had to be overtaken by the changing demands of society
OK?
ilham9089
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I see. That makes sense. Thank you
MikeLittle
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You’re welcome – and good luck in the exam
ilham9089
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