Common law
Judge-made law originating in medieval England's King's courts.
The common law is the system of judge-made law that originates in the King's courts of medieval England and 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, and over time the precedent of their decisions evolved into a sophisticated system of common law. 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.
- key_developer
- Henry II (12th century)
- field
- Legal system
- known_for
- Judge-made law, precedent, and distinct from civil law
- influence
- Approximately one-third of the world's population
- related_systems
- Mixed jurisdictions include South Africa, Scotland, Louisiana, and Canada
Lore & Background
Initially, the common law referred to the laws common to all the King's courts across England, distinct from local folk courts of shires and hundreds. After the Norman Conquest, urban boroughs, merchant fairs, and manorial courts also existed, but the King's courts gradually established a unified system. In the 12th and 13th centuries, while continental Europe received Roman law, England already had the common law system in place, leading to significant differences in judicial reasoning and sources of law. Early common law judges and scholars, including Glanvill and Bracton, were well acquainted with Roman law, and Bracton's treatise was heavily influenced by canon law and Justinian's Institutes, later influencing Blackstone's Commentaries.
Reader's Guide
The common law tradition has markedly less influence from Roman law than the civil law tradition of much of Continental Europe, and has less tendency to be codified, leaving common law judges broader discretion in statutory interpretation and a quasi-legislative function in adjudication. Despite this, common law countries are increasingly adopting codes in areas such as bankruptcy, intellectual property, antitrust, banking regulation, securities, and tax law, with the Uniform Commercial Code in the United States being a significant example. The term 'common law' has multiple distinct meanings: it refers to the law common to the King's courts, judge-made law as distinct from statutory law, legal systems distinct from civil law, and laws distinct from equity and ecclesiastical courts. Early theorists believed the common law reflected ancient Anglo-Saxon customs, but by the 20th century, legal scholars generally disavowed that view, instead seeing the law in a positivistic or realist way as the binding ratio decidendi of case law.
Did You Know?
- Henry II established a system of travelling judges in the 12th century that enforced laws common to all England.
- The term 'common law' can refer to judge-made law distinct from statutory law, equity, and ecclesiastical law.
- Some jurisdictions, such as South Africa and Scotland, have mixed systems incorporating both common law and civil law elements.
- Early common law scholars like Bracton were heavily influenced by Roman canon law and Justinian's Institutes.
Frequently Asked Questions
What is common law?
Common law is a legal system built on judicial decisions and precedent rather than codified statutes. It traces its roots to the King's courts of medieval England, where judges gradually developed a unified body of rules applicable across the realm.
Who is credited with developing the common law system?
Henry II of England is widely recognized as the key figure behind its formation in the 12th century. He dispatched itinerant judges to travel the country, hear disputes, and apply a consistent set of legal principles, which over generations crystallized into the precedent-based system we know today.
How does common law differ from civil law?
The core distinction is that common law is primarily judge-made, evolving through court decisions and the doctrine of precedent, whereas civil law systems rely on comprehensive written codes as their main source of authority. In common law jurisdictions, a judge's ruling on a novel point can become binding authority for future cases.
How many people live under common law today?
Roughly one-third of the global population resides in a common law jurisdiction or a mixed legal system that incorporates common law principles. This broad reach stems from the spread of English law through the former British Empire to regions across the world.
Which countries or regions use common law?
Common law jurisdictions include Australia, Canada, India, Bangladesh, Hong Kong, and many others inherited from British colonial rule. Mixed systems that blend common and civil law traditions can be found in places like South Africa, Scotland, Louisiana, and Canada.
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