the common law is not a set of rules that were created by the king like the civil codes were, but is rather a set of conventions and traditions that has changed dramatically over time based on the input of the people that live with it.

as a legal system, it is actually uniquely positioned to integrate indigenous legal concepts. they could not be faced with a better system to deal with. really.

if they were dealing with islamic or judaic or ecclesiastical law, there would be no compromise, at all - the book says it, and that's it. any kind of civil code coming from the roman tradition is likewise entirely inflexible.

only the common law will integrate outside traditions, and, if you look around the world, the fact is that it really has.

but, they have to participate. and, i wish they would...

again: british imperial law is actually on their side here, they just don't realize it. if the judge had somebody make the right arguments, she'd have to concede the point, and she might even just have never thought about it properly - that happens sometimes. a good lawyer would win this case for them.