English common law

English Common Law

English common law is a body of unwritten laws based on legal precedents established by the courts. It is a legal system that originated in England and is now in use in many countries that were once part of the British Empire. The common law system is characterized by the doctrine of stare decisis, which means "to stand by things decided," and it relies heavily on the interpretation of judicial decisions from previous cases.

History

The origins of English common law can be traced back to the Norman Conquest of 1066. Before this period, England had a variety of local laws and customs. The Normans, under William the Conqueror, began to centralize the legal system, leading to the development of a unified body of law. The establishment of the Curia Regis, or King's Court, was a significant step in this process, as it allowed for the standardization of legal principles across the country.

Development

Over the centuries, English common law evolved through the decisions of judges in the royal courts. These decisions were recorded and became known as "case law." The common law system is distinct from civil law systems, which are based on codified statutes and laws. In common law jurisdictions, the law is developed by judges through decisions of courts and similar tribunals.

Principles

One of the key principles of English common law is the doctrine of precedent, which means that the decisions of higher courts bind lower courts. This ensures consistency and predictability in the law. Another important principle is the adversarial system, where two opposing parties present their case to an impartial judge or jury.

Influence

English common law has had a profound influence on the legal systems of many countries, including the United States, Canada, Australia, and India. These countries have adapted the common law system to their own needs, but the fundamental principles remain the same.

Modern Application

Today, English common law continues to evolve. It is supplemented by statutory law, which is law enacted by a legislative body. In the UK, the Parliament of the United Kingdom enacts statutes that can modify or override common law principles. However, the common law remains a vital part of the legal system, particularly in areas such as contract law, tort law, and property law.

See Also

• Civil law (legal system)
• Stare decisis
• Curia Regis
• Adversarial system

References

• Baker, J. H. (2002). An Introduction to English Legal History. Oxford University Press.
• Milsom, S. F. C. (1981). Historical Foundations of the Common Law. Butterworths.