Keith Mack
English common law, which originated in the early Middle Ages in the King's Court, is a legal system that gives great weight to judicial precedent and the style of reasoning inherited from the English legal system. It is a body of law primarily developed through judicial decisions rather than statutes, with judges empowered to resolve issues and establish new precedents. The common law was built up gradually by the king and his judges, taking effect over time rather than in a single year.
| Characteristics | Values |
|---|---|
| Origin | English common law originated in the early Middle Ages in the King's Court (Curia Regis) |
| Development | Developed by judges over several centuries, starting with legal reforms by King Henry II in the 12th century |
| Basis | Based on judicial decisions and precedent, not written statutes |
| Equality | Applied equally across the whole country, regardless of social class |
| Flexibility | More flexible than civil law, as it allows judges to resolve issues and establish new precedent in unique cases |
| Influence | Influenced by William the Conqueror and his successors after the Norman Conquest in 1066 |
| Legacy | The legal systems of the US, Canada, India, Australia, and many Commonwealth countries are based on English common law |
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What You'll Learn
Influence of William the Conqueror
The Norman Conquest of 1066 was a pivotal moment in the development of English common law. William the Conqueror, the first Norman King of England, introduced several laws to control the English population and centralize power under his rule.
William laid the foundations for the emergence of common law by establishing a unified legal system. He retained the Anglo-Saxon framework of shires, with administrative and legal authority held by royal officers called shire reeves (sheriffs). William also introduced the jury system to English justice. This involved summoning a group of twelve free men to testify under oath about the value of manorial estates for taxation purposes. Over time, this assembly of free men, or jury, became responsible for finding facts and issuing verdicts in civil and criminal cases, marking the development of an adversarial system of justice in England.
To unify the conquered Anglo-Saxon population, William promised to restore the laws of their last king, Edward the Confessor. He established the King's Court or Regis Curia, a centralized institution that assumed wide judicial powers. William did not make significant changes to the existing laws but insisted that he had taken the English throne lawfully rather than by force.
William introduced a set of laws to control the English population, some of which were harsh and designed to suppress any opposition. These laws included the requirement for every freeman to swear an oath of loyalty to the king and protect his lands. He also imposed rules regarding the sale of cattle, requiring three credible witnesses for such transactions to take place in a city. Notably, William decreed that no one should be executed for their crimes but instead would be blinded and castrated as punishment.
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Development of case law
The development of case law, or common law, in England can be traced back to the early Middle Ages in the King's Court (Curia Regis). It was a system of law that was developed on a case-by-case basis, with judges making decisions based on previous rulings or precedents. This system of judge-made law was in contrast to civil law, which relied on written codes and statutes.
The common law of England was largely created in the period after the Norman Conquest of 1066, though it did not bring an immediate end to Anglo-Saxon law. The Anglo-Saxons, especially after the reign of Alfred the Great (871), had a body of rules resembling those used by the Germanic peoples of northern Europe, with local customs governing most matters. The Norman Conquest, under William the Conqueror, sought to unify the Anglo-Saxon population by promising to restore the laws of their last king, Edward the Confessor, which led to the establishment of common law.
By the 13th century, the characteristic features of the common law were well established, with the early development of case law traced to Bracton's "On the Laws and Customs of England". This led to the yearly compilations of court cases known as Year Books, the first of which was published in 1268. The Year Books are considered the law reports of medieval England and provide valuable insights into the developing legal doctrines, concepts, and methods of the time.
The evolution of common law saw significant contributions from subsequent monarchs, particularly Henry II, who expanded the use of travelling judges and introduced legal procedures such as juries and writs. The constant extension of writs until the late 13th century effectively ended the application of the old feudal baronial law, and by the time of Edward I, the system of royal courts consistently applied the common law, refined by centuries of development.
The common law was administered in the king's courts and was accessible and applicable to all subjects of the king, regardless of social class. It was built up gradually by the king and his judges, taking effect over time rather than in a single year. This system of law, deeply rooted in stare decisis ("to stand by things decided"), has evolved and spread, forming the basis of the legal systems in many Commonwealth countries and former British colonies.
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Judicial decisions
English common law, also known as judicial precedent, judge-made law, or case law, is a body of law that originated in the King's Court (Curia Regis) in the early Middle Ages. It is primarily based on judicial decisions and precedents rather than statutes or written codes. This means that judges' rulings are heavily influenced by previous similar cases, creating a body of law that is accessible and applicable to all.
The doctrine of binding precedent, also known as stare decisis, is a fundamental principle of common law. Stare decisis, a Latin phrase meaning "to stand by things decided", guides judges to follow and apply the principles established in previous cases decided by more senior courts, known as "courts of record". This ensures stability and consistency in the legal system, as it provides predictability in judicial outcomes.
The development of English common law can be traced back to the legal reforms of King Henry II in the 12th century and the establishment of the English Court of Common Pleas after the Magna Carta in 1215. This court dealt with lawsuits between commoners in which the monarch had no interest. Over time, judge-made common law became the primary source of law, and judges devised rules for dealing with precedent decisions. The early development of case law in the 13th century was documented in Bracton's "On the Laws and Customs of England", which led to the yearly compilations of court cases known as Year Books.
While common law was influenced by Anglo-Saxon customs and the Norman Conquest, it evolved over time through judicial decisions. Judges played a crucial role in refining and applying common law, rendering decisions based on earlier cases and establishing precedents. This process of judicial decision-making contributed to the gradual development and spread of common law throughout the realm.
In summary, English common law, as a judicial precedent, evolved through judicial decisions, precedents, and the interpretation and application of previous case law. Judges played a central role in this process, shaping the common law into a body of law that is still widely used today in many countries, including the United States, Canada, India, and Australia.
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Precedent and stare decisis
English common law, which originated in the early Middle Ages in the King's Court, is deeply rooted in the concept of stare decisis, which means "to stand by things decided" in Latin. Stare decisis is based on the idea that courts should adhere to precedent, following the decisions, rulings, and opinions made in previous similar cases. This promotes consistency and predictability in the law, as well as fostering reliance on judicial decisions and contributing to the integrity of the judicial process.
The doctrine of stare decisis operates both horizontally and vertically. Horizontal stare decisis refers to a court following its own precedent, such as an appellate court adhering to a previous ruling made by the same court. Vertical stare decisis, on the other hand, involves a court applying precedent from a higher court, such as an appellate court adhering to a ruling made by the Supreme Court.
The English jurist William Blackstone described the common law precedent doctrine in 1765, stating that it established a strong presumption that judges would follow prior precedents when the same issues arose in litigation, unless such precedents were blatantly absurd or unjust. This concept of precedent is essential to the common law system, which is primarily based on judicial decisions rather than statutes. Judges play a crucial role in interpreting and applying precedent, and they have the power to resolve issues and establish new precedents in cases of first impression where no precedent exists.
The early development of case law in the thirteenth century led to the creation of Year Books, which are yearly compilations of court cases and are considered the law reports of medieval England. These Year Books provide valuable insights into the evolving legal doctrines, concepts, and methods of the time. While English common law has evolved since its early beginnings, the principle of stare decisis remains fundamental to its functioning, ensuring stability and consistency in the legal system.
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Influence of Anglo-Saxon customs
English common law, which originated in the early Middle Ages, was heavily influenced by Anglo-Saxon customs. Anglo-Saxon law was the legal system of Anglo-Saxon England from the 6th century until the Norman Conquest in 1066. It was a form of Germanic law influenced by Scandinavian law, owing little to Celtic or Roman traditions.
Anglo-Saxon law was based on unwritten customs, known as "folk-right" or "folcriht" in Old English, which translates to "right or justice of the people". These customs varied between local cultures, with different folk-rights for West and East Saxons, East Angles, Mercians, Northumbrians, Danes, and Welshmen. The older laws of real property, succession, contracts, and compositions were primarily governed by folk-right.
The first written Anglo-Saxon laws were issued around 600 by Æthelberht of Kent, and they resembled Roman law. In the later Anglo-Saxon period, a system of courts developed to administer the law, with enforcement carried out by ealdormen, sheriffs, and other royal officials, as well as local communities through self-policing ("friborh").
While the Norman Conquest brought an end to the Anglo-Saxon monarchy, Anglo-Saxon law and institutions survived and formed the foundation for common law. The laws of Cnut (1016-1035) became the main source for old English law after the Conquest and were attributed to Edward the Confessor for political reasons. These laws, known as "Leges Edwardi Confessoris," were compilations of Anglo-Saxon customs written to explain Anglo-Saxon laws to the new Norman rulers.
In conclusion, English common law was significantly influenced by Anglo-Saxon customs, which formed the legal system of Anglo-Saxon England for several centuries. These customs, though varied, emphasized the "folk-right" and played a crucial role in shaping the foundation of common law even after the Norman Conquest.
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Frequently asked questions
Common law is a body of law based on court decisions rather than codes or statutes. It is derived from judicial decisions instead of from statutes.
English common law originated in the early Middle Ages in the King's Court (Curia Regis), a single royal court set up in Westminster, near London. By about 1200, the characteristic features of the common law were well established.
Common law is deeply rooted in stare decisis, a Latin phrase that means "to stand by things decided". This means that courts follow precedents established by previous decisions.
Civil law systems rely primarily on codes and statutes, while common law systems focus on case precedents. Civil law centres around a comprehensive code of statutes that outline procedures and punishments, while common law promotes stability and consistency through adherence to precedents.
The Norman Conquest in 1066 brought about a period of colonial rule that produced change in the legal system. Serious wrongs were regarded as public crimes, and the requirement of "presentment of Englishry" revealed unrest between the Norman conquerors and the English subjects. The conquest also led to the centralisation of government and the maintenance of written records.
