Natural Law v Positive Law
English "customary" laws (the "Common Law") includes decisions of judges made according to legal "principles" for which there is no written legislation (Natural Law). European states with a Roman law heritage do not have this element as strongly in their law (Positive Law). In Jersey, they love to pretend that they are special however, 'Norman Law' is fundamentally 'Roman Law'. How exactly English Common Law came to be adopted in Jersey as 'customary law' appears to have arisen following Magna Carta. Yes all the rights of Magna Carta applied at some stage in Jersey, most have been superseded, some have been repealed in the UK (such as the Right to Trial by Combat) but I have personally experienced that although the Right to Trial by Combat is still extant in Jersey they will simply not allow you to exercise that right. Natural Law in philosophy is system of right or justice held to be common to all humans and derived from natu...