Concept
Common law
Overview
The common law is the system of judge-made law that originates in the King's courts of medieval England and which has since been received to the former colonies of the British Empire.
During the 12th century, Henry II established a system of travelling judges, who decided on cases and enforced a set of laws common to all England. Over time, the precedent of the judges's decisions evolved into a sophisticated system of common law, which constituted the main form of lawmaking in England for hundreds of years. Today, the term 'common law' refers to both the historically-English legal system that recognises the ability of judges to create rules binding on future courts as well as the body of laws that emerges from such systems.
Unlike the civil law tradition of much of Continental Europe, the common law tradition never received the Roman law or embarked on a project of widespread codification, leaving common law judges broader discretion in statutory interpretation and performing a quasi-legislative function in adjudication. Nonetheless, some countries, such as South Africa and Scotland, have mixed jurisdictions that incorporate both common law and civil law elements. The common law can also be distinguished from valid laws that are created by other judicial or legislative systems, including statutes, the law of equity, and religious laws such as the canon law or sharia.
Today, approximately one-third of the world's population lives in common law jurisdictions or in mixed legal systems, including Australia, Bangladesh, Canada, Hong Kong, India, Ireland, Nigeria, Pakistan, Singapore, and the United States.
Overview adapted from Wikipedia (CC BY-SA 4.0; see the article history for authors).
In the original texts
Passages from public-domain books where Common law is discussed.
In later times, on the introduction of the chancery branch of law, the term common law began to be used in a third sense, as the correlative of chancery law.
Thomas Jefferson, Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 4
states what it is; names the idea; opens on it
The common law, as it then prevailed in England, was in a great measure composed of some remnants of the old Saxon customs, joined to the feudal institutions brought in at the Norman conquest. And it is here to be observed, that the constitutions of Magna Charta are by no means a renewal of the laws of St.
Edmund Burke, Selections from the Speeches and Writings of Edmund Burke
a chapter is titled for it; opens on it; names the idea
New commissions were accordingly given to the judges appointed under the first law, and, instead of their former powers, they were now to have _a common law jurisdiction_. By these words certainly no _chancery jurisdiction_ was given them.
Thomas Jefferson, The Writings of Thomas Jefferson, Vol. 8
names the idea; opens on it
2. Therefore the _common law of England_, and all _such statutes_ as were enacted and in force at _the time_ in which such settlers went forth, and such colonies and plantations were established, (except as hereafter excepted) together with all such alterations and amendments as the said common law may have received, is from time to time, and at all times, the law of those colonies and plantations. Rem. _So far as…
Benjamin Franklin, The Complete Works in Philosophy, Politics and Morals of the late Dr. Benjamin Franklin, Vol. 3 [of 3]
opens on it; names the idea
Like these, are the Proclamations of the Kings of England. 2. The Decrees Of The Whole People Of Rome (comprehending the Senate,) when they were put to the Question by the Senate. These were Lawes, at first, by the vertue of the Soveraign Power residing in the people; and such of them as by the Emperours were not abrogated, remained Lawes by the Authority Imperiall. For all Lawes that bind, are understood to be…
Thomas Hobbes, Leviathan
states what it is
Philosophers who discussed Common law
Related ideas
- Fiji
- Manusmriti
- Hong Kong
- History of India
- India
- Intellectual property
- Jamaica
- Jurisprudence
- London
- Kenya
- Law
- Contract
- American Revolution
- Case law
- William Blackstone
- Lord Chancellor
- Precedent
- Pakistan
- Bhutan
- Roman law
- Sri Lanka
- Singapore
- England and Wales
- Southeast Asia
Opposing perspectives
Place in the tradition
Part of Jurisprudence.