>But it is common law deriving from consensus and tradition that is the strength of the system. The Roman / Code Napolean model is to create a perfect legal model and then have people circumvent it with extra-legal solutions ( Italy comes directly to mind but France could easily apply. ) This is not to say that the British / American model does not have its share of corruption, but that the law itself is more organic. Goes back to the difference between the intellectual underpinnings from the Englightenment. A nation of shopkeepers created a more stable society than a nation of philosophes <s>
So base the legal system on common law and build from there - that's OK IMO, it's the double base of the system that's a problem. You have a court of law and court of something else. You have a statutory rape and what, a common rape?
There was a chance to build a clean and streamlined legal system, purged of sediments of whims of few British dynasties. It could have been refactored :). Too bad it didn't happen.