History of Common Law

Powerful Essays
HISTORY OF COMMON LAW |

STATUTORY FRAMEWORK

* Great Britain (E/W/S) * United Kingdom (GB + NI) * British Islands (UK + Isle of Man + Channel Isles)

ENGLISH LAW
= The legal system of England and Wales (“the laws of England and Wales” from 1967). These laws mainly deal with issues of property, theft, inheritance, money… The legal system of England and Wales is the basis of most legal systems in the Commonwealth and the US (except Louisiana).

THREE MAJOR LEGAL SYSTEMS IN THE WORLD * Religious law
It refers to the notion of a religious system or document being used as a legal source.

* Civil law
It derives from Roman law traditions. It’s also known as Continental European law. Laws recognized as authoritative are codifications in a constitution or statute passed by legislature. They are codified laws = civil code.

* Common law
It is made by judges in court applying knowledge and common sense of legal precedent to the facts presented. There is no major codification of the law, and judicial precedents (= authority) are binding as opposed to persuasive. The idea of the common sense is applied in all the legal system of English law.
Binding precedent relies on the legal principle of stare decisis (“to stand by things decided”) > judges are obliged to respect the precedents established by prior decisions. Existing binding precedents from past cases are applied in principle to new situations by analogy.
Laws can be amended by Acts of Parliament or European Court of Justice (especially for Human rights).

ORIGINS OF ANGLO-SAXON LAW: FROM TIME IMMEMORIAL
Time immemorial = “time out of mind” > a time before legal history and beyond legal memory. It is the period between Roman-Britain (43-410) and Norman-Britain (before 1066).

Evolution of pre-common law: * Ethelbert = king of Kent in 604
All the laws created under Ethelbert’s reign are known as the “dooms of Kent” (=judgments). Ethelbert’s code makes reference to the church

You May Also Find These Documents Helpful

  • Better Essays

    Creation of U.S. Laws

    • 1080 Words
    • 5 Pages

    About 40 years after William arrived in England, his son Henry I became King of England. He established the royal courts, but they didn’t really use the written law. It was left up to the clerics, acting as judges, to be fair and use good sense when they arrived at their judgments. Here is where a common-law tradition was formed. Common law consists of the rules and other doctrine developed gradually by the judges of the English royal courts as the foundation of their decision, and added to over time by judges of those…

    • 1080 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    Legal Studies VCE Unit 2

    • 342 Words
    • 2 Pages

    It is law developed through the courts. It is also known as judge-made law and case law.…

    • 342 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Explain the historical background of the American Legal System, providing specific examples to support your answer.…

    • 349 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    English Legal System

    • 1196 Words
    • 5 Pages

    In very simple terms the doctrine means that a judge who is hearing a particular type of case does not have to make a decision using simply his or her own knowledge of the relevant legal rules, but that similar previous decisions can be consulted to guide and justify the conclusion reached in the instant case. Whereby a judge in a lower court is aware of a decision of a higher court which sets precedent in an analogous case, then this previous decision must be followed, and it is this element of binding precedent which is distinctive within the English system. for example if a new statute has been created by parliament, which regulates the activities of estate agents and a dispute arises concerning the interpretation of one of the sections of the act, and a court case ensues. The case reaches the court of appeal, which makes a decision about the definition of an estate agent. In all future cases in which the definition of an estate agent is in issue, lower courts must observe this binding precedent, and apply the decision from the previous case in these situations. Clearly if this system is to operate effectively, then it is essential that there is an efficient and reliable system of reporting court cases. Which is achieved through the work of the…

    • 1196 Words
    • 5 Pages
    Powerful Essays
  • Better Essays

    Business Law

    • 8532 Words
    • 35 Pages

    The social behaviour of surroundings where society exists and the device which regulates this social and economic behaviour is called a law. Basically this is taken from the two laws case and statute law. We can’t allocate this law in any legislation this is what which only exist in pasts scenarios, this makes it so rigid and flexibility also lies. It also has power to adapt those things which were changed as a whole. It makes the basic rules of English law.…

    • 8532 Words
    • 35 Pages
    Better Essays
  • Powerful Essays

    English Legal System

    • 4681 Words
    • 19 Pages

    Roman law was one of the first major civil law systems, and the Germanic codes that had developed from the 6th and 7th centuries in Germany were adopted by developing Asian nations from the 19th century onwards. The German Civil Code became the basis for the legal systems of countries such as Japan and South Korea, and in China, the German Civil Code was introduced in the later years of the Qing Dynasty and formed the basis of the law of the Republic of China. So in China, in simplistic terms, the law is created by the Legislative Branch of government, the National Peoples Congress and is applied and interpreted by the Judicial Branch of government, the Supreme People's Court being at the top of this hierarchy, and Basic People's Court at the bottom.…

    • 4681 Words
    • 19 Pages
    Powerful Essays
  • Satisfactory Essays

    Week1 Busn 420

    • 350 Words
    • 2 Pages

    The American legal system, a direct descendant of the English legal system, began to develop in 1066 and is always evolving. However, the main principles or the “backbone” of this legal system remains the same. The different sources of American law include the Constitution, state constitutions, statutes, common or “case” law, a body of administrative regulations, and court rules. The most important among these various sources of law, other than Constitutional provisions, is common law. The common law process allows judges to hear cases and make decisions, effectively becoming law, based upon these cases. These case decisions become the common law and others must adhere to this “judge-made” law. In the common law process, the judge’s decision or the “holding” of the case binds future courts and creates precedent.…

    • 350 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Law that derives from English law and is the foundation of legislation in the United States, Canada, and England, among other nations, is often referred to as civil law.…

    • 320 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    paralegal

    • 1529 Words
    • 6 Pages

    Common law is found in the decisions of the courts rather than statutes; judge- made law…

    • 1529 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    “In common law legal systems, a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body utilizes when deciding subsequent cases with similar issues or facts”…

    • 1148 Words
    • 5 Pages
    Good Essays
  • Good Essays

    In the United States, our legal system is based on the common law tradition. When there is no specific constitutional provision, statute, or regulation, courts defer to common law, which is a collection of judicial decisions, customs, and general principles. It is believed that the common law tradition may have begun as early as the 11th century in England with the establishment of the Court of Common Pleas.…

    • 661 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Task 3

    • 461 Words
    • 2 Pages

    1. A judge will generally be sure by the judicial verdicts of higher courts. That is how the common law method functions, the gradual expansion of the law by judicial verdicts which bind inferior and future courts.…

    • 461 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Judicial precedents is accurate in specified. There is a abundance of cases to which to refer. Case laws react to the acctual situation and circumstances. Case laws shows a clear detailed application of law to different circumstances and are more instructive and informational than statutes which are generally theory and logics…

    • 1006 Words
    • 5 Pages
    Good Essays
  • Good Essays

    A. Common law is a legal system that is largely formed by the decisions previously made by courts and not imposed by legislatures or other government officials. The reasoning used to interpret this type of law is known as casuistry, or case-based reasoning. It is a strict, principle-based reasoning that uses the circumstances of a case to evaluate the laws that are applicable. Decisions that were made about similar cases are valuable, and the case in question is evaluated on the basis of past cases. The strength of the similarity among the cases, in turn, strengthens the reasoning based on them.…

    • 1366 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Business Law 200

    • 5394 Words
    • 22 Pages

    LAW IS AN (1. SET OF RULES) that (2. COURTS WILL ENFORCE)—and AMERICA’S FIRST LAW SYSTEM USED IS COMMON LAW/ ANGLO-AMERICAN COMMON LAW…

    • 5394 Words
    • 22 Pages
    Powerful Essays

Related Topics