Some legal philosophers argue that laws are nothing more than the exercise of power. According to this view, laws are not valid on the basis of whether it is socially good or bad. Democracies, tyrannies, and monarchies have produced socially beneficial laws and also unjust laws. What these different governments have in common is that each is based on power and that possessing the power to enforce its laws is essential to each government's existence.
             It is important to note the aspect of power when examining the origin and development in the United States. The British victory over the French in the French and Indian War and the signing of the Treaty of Paris in 1763 preserved the English common law system for what would become the United states. Had the French been victorious, there may have been the establishment of the civil law system. The English common law system developed over may centuries, as judges decided cases, rules were established and recognized as judicial precedents. This made it possible for cases raising a particular issue to be decided in particularly the same way throughout England.
             Common law now known primarily as case law reflects the customs and value system of society at the particular time period. It is law resulting form a dispute between two or more opposing parties for the advancement of their interest. The principle of stare decisis, which comes from the Doctrine of precedent, binds all other courts of equal or lesser jurisdiction to the same rules and principals used in making the decision. The ratio decidendi is that rationale, which includes the words and phrases essential to the making of the decision is also binding. The French system, called Civil law is based on detailed legislative codes, enacted by legislative bodies. Although the common law system has had much, more impact on American law, the civil law system has had increasing influence since the beginning of development of these...