Information AboutDesuetude |
| CATEGORIES ABOUT DESUETUDE | |
| common law | |
| legal terms | |
| penology | |
| SHOPPER'S DELIGHT | |
|
The doctrine of desuetude is not favoured in the Common Law tradition. In 1818 , the English court of King's Bench held in the case of ''Ashford v. Thornton'' that Trial By Combat remained available at a Defendant 's option in a case where it was available under the common law. The concept of desuetude has more currency in the Civil Law tradition, which is more regulated by legislative codes, and less bound by precedent. The doctrine has been applied in regard to acts of the pre-1707 Scottish Parliament . {Link without Title} |