Common law without govt? Re: [extropy-chat] The Hidden Luddite was Re: peak oil debate

[Brett Paatsch]

Mike Lorrey wrote:

> Common Law is 'written' by every judge who issues opinions in
> judgements in any common law system. Government is not 
> necessary for this system to operate.

But forms of government from monarchies to republics did produce
the common law (by appointing judges). The notion of their being
a common wealth, some common ground to which all had a minimal
stake, minimal rights, goes back at least as far as Hobbes Leviathan. 

Without government of some form how would you maintain or further
develop a common law system? Where would the judges come from
and from where would their authority derive ?

Brett Paatsch