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Reception statute
A reception statute is a statutory law adopted as a former British colony becomes independent, by which the new nation adopts (i.e. receives) pre-independence English common law, to the extent not explicitly rejected by the legislative body or constitution of the new nation. Reception statutes generally consider the English common law dating prior to independence, and the precedents originating from it, as the default law, because of the importance of using an extensive and predictable body of law to govern the conduct of citizens and businesses in a new state. All U.S. states have either implemented reception statutes or adopted the common law by judicial opinion (but see the special case of partial reception by Louisiana, discussed below).〔(Thinking like a lawyer: an introduction to legal reasoning ) (Westview Press, 1996), pg. 10〕
==Initial reception of English common law into new colonies, and adoption of common law on decolonization==
In ''Commentaries on the Laws of England'' (Bk I, ch.4, pp 106–108), Sir William Blackstone described the process by which English common law followed English colonization:
Plantations or colonies, in distant countries, are either such where the lands are claimed by right of occupancy only, by finding them desert and uncultivated, and peopling them from the mother-country; or where, when already cultivated, they have been either gained by conquest, or ceded to us by treaties. And both these rights are founded upon the law of nature, or at least upon that of nations. But there is a difference between these two species of colonies, with respect to the laws by which they are bound. For it hath been held, that if an uninhabited country be discovered and planted by English subjects, all the English laws then in being, which are the birthright of every subject, are immediately there in force... But in conquered or ceded countries, that have already laws of their own, the king may indeed alter and change those laws; but, till he does actually change them, the ancient laws of the country remain, unless such as are against the law of God, as in the case of an infidel country.
In other words, if an 'uninhabited' or 'infidel' territory is colonized by Britain, then the English law automatically applies in this territory from the moment of colonization; however if the colonized territory has a pre-existing legal system, the native law would apply (effectively a form of indirect rule) until formally superseded by the English law, through Royal Prerogative subjected to the Westminster Parliament.
As colonies gained independence from Britain, in most cases the newly independent countries adopted English common law precedent as of the date of independence as the default law to carry forward into the new nation, to the extent not explicitly rejected by the newly freed colony's founding documents or government. In some cases, the carry-forward was simply understood, with no express provision in either the new independence constitution or legislation. In other cases, the new legislature felt it necessary to "dot i's and cross t's" by enacting an express reception statute, even if common law had been received during the colonial period. Examples of both patterns are described below.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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