What is Common Law?
What is Common Law?
Common law is an established set of legal rules that has been around for centuries. Even today, several countries still rely on this body of rules when resolving their disputes. Yet many people still do not understand what common law is or how it functions.
Common Law is a system of legal regulation based on judicial decisions rather than codes or statutes. While this can lead to some confusing interpretations of what constitutes legality, it also helps promote stability and consistency within the system.
Common law systems have their roots in the Middle Ages and can be found around the world, from America and Canada to many other places.
Three elements define common law: precedent, flexibility and predictability. Precedent is the foundation of law in most common law jurisdictions; it refers to cases that have already been decided and are binding on future decisions.
Precedent is an integral factor in common law decisions, and can greatly influence judges and juries’ perspectives of a case. With knowledge of past court outcomes, judges and juries are better equipped to make informed judgments when presented with new facts.
Although the United States has many statutory laws that cover various aspects of life, judges still rely on common law principles to settle any legal disputes they come across – especially in areas like employment law and divorce.
Flexibility is another major reason why common law has earned its reputation of being able to adapt according to social changes. Since it doesn’t rely on legislative authority, courts can make changes when they feel it necessary in order to address problems.
One of the best ways to learn about common law is by reading books that discuss it. Justice Oliver Wendell Holmes Jr’s The Common Law (1943) is widely regarded as one of the most influential books on this topic; though it doesn’t cover every aspect of common law, it remains an invaluable resource for anyone wanting to comprehend its process and how the legal system functions.
