Common Law refers to a system of jurisprudence that evolved in England and was subsequently adopted in the United States. This legal framework is primarily based on judicial precedent (decisions made by courts) rather than legislative enactments (formal laws passed by a legislature). Common Law is characterized by its reliance on principles established in previous court rulings to resolve similar future disputes.
Historical Context of Common Law
The origins of Common Law can be traced back to the Norman Conquest of England in 1066. The amalgamation of various local customs and practices gradually unified into a consistent legal system. By the 12th century, the establishment of the Curia Regis (King’s Court) played a significant role in developing and solidifying the Common Law tradition.
Key Characteristics of Common Law
Judicial Precedent
Judicial precedent is the cornerstone of Common Law. This doctrine means that the decisions made in higher courts set a binding precedent for lower courts within the same jurisdiction. Legal professionals refer to previous case rulings to guide their arguments and decisions in similar cases.
Case Law
Unlike Civil Law systems that prioritize codified statutes, Common Law predominantly relies on case law. Judges interpret and apply the principles from earlier cases to new cases, ensuring consistency and continuity in the law.
Flexibility and Adaptability
Common Law is inherently flexible and adaptable, as it evolves with societal changes. As courts encounter new types of disputes, the body of case law expands, reflecting contemporary issues and values.
Types of Common Law
- Criminal Law: Governs offenses against the state and includes the prosecution of individuals accused of crimes.
- Civil Law: Addresses disputes between individuals or organizations, including contracts, property, and family law (Note: This is different from the Civil Law system).
- Tort Law: Involves cases where a person’s behavior has unfairly caused someone else to suffer loss or harm.
- Property Law: Pertains to the ownership and use of property.
- Contract Law: Covers agreements made between parties.
Special Considerations
Stare Decisis
A fundamental principle within Common Law is stare decisis, which means “to stand by things decided.” This ensures that past judicial decisions are respected and followed, promoting legal stability and predictability.
Equity
Equity developed alongside Common Law to address fairness and justice where rigid application of Common Law principles might result in harsh outcomes. Courts of Equity have the power to offer remedies like injunctions or specific performance rather than monetary damages alone.
Comparison to Civil Law Systems
- Source of Law: Civil Law systems derive their authority from comprehensive statutes and codes, while Common Law relies on judicial decisions.
- Flexibility: Common Law systems are typically more adaptable due to their reliance on case law. Civil Law systems, being codified, may require legislative action for significant changes.
- Role of Judges: In Common Law jurisdictions, judges play a more active role in shaping the law through their interpretations. In contrast, Civil Law judges primarily apply the codified statutes.
Related Terms
- Judicial Precedent: The principle that lower courts must follow the decisions of higher courts in similar cases.
- Stare Decisis: The doctrine ensuring that established case law is adhered to in future cases.
- Equity: A branch of law that aims to achieve fairness and justice, sometimes offering remedies that Common Law does not.
FAQs About Common Law
Q: What is the main difference between Common Law and Civil Law? A: The main difference lies in their sources of law; Common Law is based on judicial precedent, whereas Civil Law is based on codified statutes and codes.
Q: How does Common Law evolve? A: Common Law evolves through judicial decisions in new cases, thereby adapting to societal changes and new types of disputes.
Q: What are Courts of Equity? A: Courts of Equity address fairness and justice, offering remedies such as injunctions or specific performance where monetary damages might not be adequate.
References
- “The Common Law,” Oliver Wendell Holmes Jr.
- “Commentaries on the Laws of England,” Sir William Blackstone
- “Introduction to the Legal System of the United States,” E. Allan Farnsworth
Summary
Common Law represents a dynamic and adaptable system of jurisprudence that emphasizes judicial precedent over statutory laws. Its evolution has shaped the legal institutions and processes in England and the United States, ensuring continuity and stability while remaining responsive to societal changes. This framework contrasts with Civil Law systems, highlighting unique approaches to lawmaking and interpretation. Understanding Common Law is crucial for appreciating the broader landscape of global legal traditions.
