Common Law: Origins, Development, and Examples

Common Law: The Body of Customary Law

Common law is a legal system based on judicial decisions, customary practices, and precedents that have evolved over centuries. In this article, we will explore the origins, development, and examples of common law, as well as its differences from other legal systems like civil law and equity.

Origins of Common Law

The English common law originated in the early Middle Ages during the reign of King Henry II in the 12th century. It was developed in the King's Court (Curia Regis), which was the single royal court set up for most of the country at Westminster, near London. The common law evolved from procedural remedies, with rights eventually becoming primary over procedure. Until the late 19th century, common law was primarily developed by judges rather than legislators.

Development of Common Law

The common law of England was largely created in the period after the Norman Conquest of 1066. The Anglo-Saxon system, which consisted of local customs and church law, was influenced by the Normans, who brought a customary law from Normandy. This led to the development of a new body of rules based on local conditions.

The common law system experienced integration with European Union (EU) law from 1973 to 2020, which had direct effects on the domestic law of the United Kingdom. However, the UK exited the EU in 2020 and is no longer subject to EU law.

Common Law vs. Civil Law

Common law stands in contrast to the legal system derived from civil law, which is widespread in continental Europe and elsewhere. In a common law system, court decisions and precedents play a significant role in developing the law, while in a civil law system, the law is largely codified and statutory.

Examples of Common Law

Common law is found at both the federal and state levels in the United States. For example, in the case of Gamble v. United States, the Supreme Court discussed the role of stare decisis in a common law system. At the state level, legislatures often codify common law rules from the courts of their state, either to give the rule permanence, to modify it, or to replace the outcome entirely with legislation.

Benefits of Common Law

Common law has several benefits, including stability and consistency, efficiency, adaptability to the unforeseen, and flexibility. It promotes stability and consistency by relying on precedent and legal traditions, and it is efficient because court proceedings can be shorter due to the reliance on precedent. Common law is also adaptable to the unforeseen and flexible, as it allows courts to address situations not originally predicted by lawmakers. Additionally, common law places an emphasis on precedent while allowing some freedom for interpretation.

In conclusion, common law is a legal system based on customary practices, judicial decisions, and precedents that have evolved over centuries. It is currently used in the United States, Canada, India, Australia, and several other countries. Despite the existence of other legal systems like civil law, common law remains an important and influential component of many legal systems around the world.