Tag Archives: Terry Eastland

It is an unfortunate fact that very few Americans today are familiar with the principles of common law. If they are familiar with it at all, many assume it to be something akin to the fact that if you live together unmarried for 7 years, you are considered to be legally married. In other words, the idea of law that is unwritten yet practiced.  In truth, there is much more to it than that.  Central to common law is the idea that law can be discovered but not made. This is grounded in the principle of “higher law – the concept that there is a law higher than any government’s law.