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Discussion in 'General Baptist Discussions' started by Aaron, Feb 27, 2010.
What is common law?
It is law that evolves through customs and usage until those customs and usages become predictable and expected behavior. It has not been legislated by any body of lawmakers but is yet understood to be the law. In the legal system the common law exists in judicial opinions, which are just as binding on us as is statutory authority. For instance, if you and I have a contract in which you agree to haul my apples to market and you refuse to haul them, I can sue you for my loss on account of your refusal to haul. However, if you do haul my apples and I don't pay you, then you can sue me for my breach of promise. You won't find these rights written down in any body of statutes written by legislative bodies. Such rights exist only through the common law that has developed through judicial opinions. Sir William Blackstone wrote a commentary on the law in 18th Century England in which this concept was thoroughly discussed and developed. Blackstone declared that a matter is law "when the memory of man runneth not to the contrary."
This may be more than you wanted to hear about common law, so what does this have to do with common law church membership? The term "common law" is often applied to practices that are recognized as proper but are not actually acted on be a governing body. So a common law church member is one who has been around so long everyone regards him a a member, although his membeship has never been formally approved by the church and his name is not on the church roll.
I'll take a shot. If I remember correctly, the idea originates in England. How do you handle cases where no formal law has been written?
Basically, it is that the way issues have been resolved in the past (precedence) is the way they should be resolved in the present, even if you don't have a formal, written law on the issue.
or....what Zenas said
peace to youraying:
Yes, stare decisis (a thing decided) is one of the principles of the common law. :thumbsup:
No. It's the exact kind of answer I'm looking for.
Nothing, but it has everything to do with marriage.
Every marriage is a common law marriage. Marriage is not defined, neither does it derive its power from statute.
You are incorrect
In the United States marriage is currently defined by statute.
Yep. There is the problem. Two related but different things go by the term "marriage". There is a church-recognized joining of husband and wife; and there is the civil/social contract regulated and recognized by the state.
But the State does recognize the church recognized marriage according to statue.
Correct. They are 2 different things, but the state does regulate what it will recognize, as does the church. For example, polygamous cults recognize plural marriages that are illegal under civil law.
( bold mine)
Thus my adding the phase of "according to statute". Conversely, the State my divorce you, but the Roman Catholic Church, does not so recognize the legal action. But the key word is "legal" thus the couples marriage has been legally dissolved, and they may legally re-marry another partner, even without the blessing of the RC church.
What do you mean in the United States? Didn't marriage exist before the U.S.?
A history of marriage
Can we please put the "but they have to lie about it" business to rest?
A common-law marriage begins when a man and woman agree to be married.
It does not begin when a judge recognizes it.
If a common-law marriage is ever disputed in court, a judge will consider evidence for it. With no license, he considers other proof, primarily evidence of their mutual agreement to be married. Whether they lived together and acknowledged their marriage are also considered.
The common-law marriage does not begin as a result of the court ruling; and in a probate dispute, one spouse has already died!
They publicly acknowledged their marriage to others because they were married.
In some jurisdictions, a couple must have cohabited and held themselves out to the world as husband and wife for a significant period of time, not defined in any state, for the marriage to be recognised as valid
Therefore, a marriage does not begin when simply co-habbit and declare their intentions.
If they declare their intentions, why not simply go before a judge and be done with and make it legal.
So in thse States - they are lying!
In probate court, a judge rules that a widow's marriage with the deceased is valid under the common law. When did their marriage begin? Remember, the late husband was buried months before the judge even got the case:laugh:
I like the Colorado rules. If you want to be married, you merely cohabitate and hold yourself out to others as married. You can also have a ceremony and marry yourself, or have a friend perform the ceremony...no clergy or judge needed. Common law marriage is no different than any other marriage in states where it is allowed.
none of these states say anything about any kind of ceremony in order to be married, so there is NO cermony. You just move in together and lie to people that you are already married,even though you have not yet met the qualifications of a common law marriage, mean you are not yet married by common law, and you are forced to lie and say you are married, telling poeple it's a commn law marriage means you have failed to show you are married.
in actuality anyone shacking up can be considered common law married.
They must pretend to be married, lie, for 1 year before they are married by common law, means for 1 year not only are they liars, they're living together unmarried, shacking up.
not quite, according to vast evidence all over the net, from leagl site. First they must live together for 1 year, telling people they are already married before they are married by common law. So they're required to shack up for 1 year first, you do not just make the claim and it is so. Legal proof already posted.
Thank God marriage is still more honored in most states then it is here on a christian board.
This is the second time we've had a thread on this, and I am still shocked that Christians think it's okay to live together without a legal marriage.
A common law marriage IS a legal marriage in Colorado, as I have pointed out. That state has no time requirement. You say you are married, you are. That is basically it. It is not "shacking up". To break up requires a divorce like any other marriage. As for a ceremony, it is purely optional. There is nothing magic about it. Like I pointed out, anyone can officiate at a Colorado marriage. A true marriage is a commitment of two people, not some magical ceremony.