History of Common Law
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Common law is a unique legal system that relies on judicial precedents and principles of equity to guide legal judgments. Although common law originated in England, it has played a pivotal role in shaping the legal traditions of many countries around the globe. The history of common law is a long and intricate journey that spans over hundreds of years. It evolved gradually through various historical developments and legal traditions.
Anglo-Saxon origins: During the Anglo-Saxon period (5th–11th century), Germanic tribes settled in England, each with their own local customs and laws. These early legal systems were based on tribal traditions and customary practices. Disputes were typically resolved through informal methods like arbitration or compensation payments, and there was no centralised legal system.
The Norman Conquest: In 1066, William the Conqueror, a Norman, successfully invaded England, bringing with him a more structured legal system influenced by Roman law and continental European traditions. Norman rulers imposed their feudal system on England, blending it with existing Anglo-Saxon customs and laws, which marked the beginning of the integration of Norman and Anglo-Saxon legal traditions.
Royal courts and Henry II: King Henry II, during his reign in the 12th century from 1154 to 1189, played a pivotal role in the development of common law. He introduced a system of royal courts with traveling judges who applied a standardised set of legal principles known as the "common law." These itinerant courts ensured uniformity in legal decisions throughout the kingdom.
The influence of legal treatises: Legal scholars like Henry de Bracton began writing treatises and commentaries on the common law during the 13th and 14th centuries. These writings aimed to systematise and articulate the emerging principles of common law, making them more accessible and understandable to legal practitioners and scholars.
The Emergence of Precedent and Stare Decisis: A hallmark of common law is its reliance on precedent. During the Late Middle Ages, courts began considering previous decisions in similar cases when making judgments, following the principle of stare decisis (to stand by things decided). This practice helped create a body of case law that served as a foundation for future legal decisions.
Equity Courts: In response to the perceived rigidity and limitations of common law, equity courts, particularly the Court of Chancery, emerged in the 15th century. These courts addressed cases where the strict application of common law principles would lead to unfair or inequitable outcomes, providing a complementary system of justice.
The Role of Legal Professionals: The legal profession became more organised and influential during the 16th and 17th centuries, with the emergence of lawyers and barristers. The Inns of Court, where legal education and training took place, played a pivotal role in shaping the legal profession and promoting legal expertise.
Spread of common law beyond England: English common law principles were transported to other parts of the British Empire during the 18th century, significantly influencing the legal systems of countries like the United States, Canada, Australia, and India. This exportation of common law contributed to its global significance.
Modernisation and codification: In the 19th and 20th centuries, various areas of law were codified through legislative acts, creating statutory law alongside common law. However, common law principles continue to play a crucial role in legal practices and institutions, with the judiciary interpreting and applying both common law and statutory law in modern legal systems.
In summary, the history of common law in England is a complex narrative that evolved over centuries, influenced by a range of historical events, legal developments, and cultural influences. It has left an indelible mark on the English legal system and has had a lasting impact on legal systems around the world.
Anglo-Saxon origins: During the Anglo-Saxon period (5th–11th century), Germanic tribes settled in England, each with their own local customs and laws. These early legal systems were based on tribal traditions and customary practices. Disputes were typically resolved through informal methods like arbitration or compensation payments, and there was no centralised legal system.
The Norman Conquest: In 1066, William the Conqueror, a Norman, successfully invaded England, bringing with him a more structured legal system influenced by Roman law and continental European traditions. Norman rulers imposed their feudal system on England, blending it with existing Anglo-Saxon customs and laws, which marked the beginning of the integration of Norman and Anglo-Saxon legal traditions.
Royal courts and Henry II: King Henry II, during his reign in the 12th century from 1154 to 1189, played a pivotal role in the development of common law. He introduced a system of royal courts with traveling judges who applied a standardised set of legal principles known as the "common law." These itinerant courts ensured uniformity in legal decisions throughout the kingdom.
The influence of legal treatises: Legal scholars like Henry de Bracton began writing treatises and commentaries on the common law during the 13th and 14th centuries. These writings aimed to systematise and articulate the emerging principles of common law, making them more accessible and understandable to legal practitioners and scholars.
The Emergence of Precedent and Stare Decisis: A hallmark of common law is its reliance on precedent. During the Late Middle Ages, courts began considering previous decisions in similar cases when making judgments, following the principle of stare decisis (to stand by things decided). This practice helped create a body of case law that served as a foundation for future legal decisions.
Equity Courts: In response to the perceived rigidity and limitations of common law, equity courts, particularly the Court of Chancery, emerged in the 15th century. These courts addressed cases where the strict application of common law principles would lead to unfair or inequitable outcomes, providing a complementary system of justice.
The Role of Legal Professionals: The legal profession became more organised and influential during the 16th and 17th centuries, with the emergence of lawyers and barristers. The Inns of Court, where legal education and training took place, played a pivotal role in shaping the legal profession and promoting legal expertise.
Spread of common law beyond England: English common law principles were transported to other parts of the British Empire during the 18th century, significantly influencing the legal systems of countries like the United States, Canada, Australia, and India. This exportation of common law contributed to its global significance.
Modernisation and codification: In the 19th and 20th centuries, various areas of law were codified through legislative acts, creating statutory law alongside common law. However, common law principles continue to play a crucial role in legal practices and institutions, with the judiciary interpreting and applying both common law and statutory law in modern legal systems.
In summary, the history of common law in England is a complex narrative that evolved over centuries, influenced by a range of historical events, legal developments, and cultural influences. It has left an indelible mark on the English legal system and has had a lasting impact on legal systems around the world.
