Cameron Miranda
Common law and equity are two legal systems that developed in England and have influenced the legal systems of many other countries, especially those following the English legal tradition, such as the United States, Canada, Australia, and New Zealand. Common law, also known as 'judge-made law', originated in England during the medieval period, evolving from the customs and judicial decisions of royal courts. Equity, on the other hand, developed as a response to the limitations of common law, providing more flexible remedies through the Chancery Court led by the Lord Chancellor. While they now operate within a unified judicial framework due to the Judicature Acts of the 1870s, their historical development and distinct features are worth exploring to understand their influence on modern legal systems.
| Characteristics | Values |
|---|---|
| Origin of common law in England | Medieval period, specifically the early Middle Ages in the King's Court (Curia Regis) |
| Development of common law | Evolved from customs and judicial decisions of royal courts; judges created precedents that formed a common body of law |
| Influence of common law | Influenced legal systems in countries following English legal tradition, such as the US, Canada, Australia, and New Zealand |
| Origin of equity | Developed as a response to the limitations and rigidity of common law |
| Administration of equity | Administered in the Court of Chancery, led by the Lord Chancellor |
| Integration of common law and equity | Judicature Acts of the 1870s merged administration into a unified court system; modern courts can apply both |
| Purpose of equity | Provided flexible remedies, such as injunctions, specific performance, and rescission, addressing justice more comprehensively |
| Judicial discretion in equity | Allows adaptation of legal principles to new situations, ensuring fairness and addressing nuances of cases |
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What You'll Learn
The influence of Roman law
In England, Roman law influenced the development of both common law and equity. Elements of Romano-canon law were present in ecclesiastical courts, and some concepts from Roman law were incorporated into common law. English lawyers and judges in the early 19th century were receptive to adopting rules and ideas from continental jurists and Roman law. The influence of Roman law in England can also be seen in the Latinate legal glossary of English and Anglo-American common law.
Roman law itself evolved over time, with the development of jus civile (civil law) during the period of the Roman Republic, which was based on custom or legislation and applied exclusively to Roman citizens. Later, the Romans developed jus gentium (law of nations), a more flexible alternative to jus civile, which could be applied to both citizens and foreigners. The fusion of civil law and praetoric law resulted in the Corpus Juris Civilis, considered the golden age of Roman law.
Overall, Roman law played a role in shaping the legal landscape of England, contributing to the development of common law and equity, but its impact was shaped and filtered through the unique context and existing legal traditions of the country.
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The role of the king and royal courts
The English common law system originated in the early Middle Ages in the King's Court (Curia Regis), a single royal court set up in Westminster, near London. The common law developed in these royal courts, which were created by the authority of the King of England, and their jurisdiction over disputes between the King's subjects was based on the King's writ. Initially, a writ was likely a vague order to do right by the plaintiff, and it was usually a writ of grace, issued at the King's pleasure.
The twelfth century saw a shift across northwestern Europe from local, informal power arrangements to formal government, and in England, this shift was marked by the reign of Henry II (1154-1189). Henry II established permanent royal courts, including the Court of King's Bench and the Court of Common Pleas, in Westminster. Previously, the king's court had been itinerant, meeting wherever the king was. Henry II's reorganisation of royal justice expanded geographically and socially, across classes from freemen to the highest-ranking nobles.
The common law system was based on judicial decisions and evolved from the customs and procedures of the royal courts, which were used to resolve disputes. Judges created precedents that were then followed in subsequent cases, leading to a body of law common throughout the realm. The common law primarily provided remedies through monetary damages and was known for its rigidity and formality.
When the common law courts could not provide adequate remedies or justice due to their strict procedures, litigants petitioned the King, who delegated these petitions to the Lord Chancellor. The Chancery Court, led by the Lord Chancellor, applied principles of fairness and justice, providing more flexible remedies than those available under common law. Equity offered solutions such as injunctions, specific performance, and rescission, which addressed the needs of justice more holistically.
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The development of equity to address common law limitations
The English common law, which originated in the early Middle Ages in the King's Court, was developed and administered in three central royal courts: the Court of King's Bench, the Court of Common Pleas, and the Exchequer. It was based on precedent, also known as stare decisis, where previous judicial decisions were followed in similar cases, ensuring consistency and predictability in the law.
However, the common law system had its limitations. It was known for its rigidity and formality, providing remedies primarily through monetary damages. When the common law courts could not deliver adequate solutions due to their strict procedures, litigants petitioned the King. This led to the development of equity as a complementary legal system to address these limitations.
The King delegated petitions to the Lord Chancellor, who led the Chancery Court. This court applied principles of fairness and justice, offering more flexible remedies such as injunctions, specific performance, and rescission. Equity evolved into a complex body of law with its own precedents, and its primacy over common law was recognised in the Judicature Acts of the 1870s. These acts fused the courts of equity and common law into a unified court system, allowing all courts to apply both sets of principles and providing a broader range of remedies.
The integration of common law and equity ensured that the legal system could offer both consistency and flexibility, adapting to the specific circumstances of each case. This fusion, however, did not blend the actual bodies of law. Even after the fusion, it was not possible to receive an equitable remedy for a purely common law wrong, an issue known as the "fusion fallacy".
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The doctrine of precedent
The early development of case-law in the 13th century can be traced to Bracton's "On the Laws and Customs of England", which led to the yearly compilations of court cases known as the Year Books. These Year Books are a principal source of knowledge for the developing legal doctrines, concepts, and methods of the time. The common law system itself originated in England during the medieval period, evolving from the customs and judicial decisions of the royal courts.
While the doctrine of precedent is a cornerstone of the common law system, it is important to note that equity, which developed as a response to the limitations of common law, allows for more judicial discretion. This flexibility enables judges to adapt legal principles to unique situations and ensure that justice is served in each case. The integration of common law and equity within a unified judicial framework in England, through the Judicature Acts of the 1870s, resulted in a more comprehensive range of remedies for litigants.
The obligation to follow precedent has been a subject of debate among legal scholars. Some argue that the obligation is to apply the legal rule provided by the ratio decidendi of the precedent, while others contend that it is to respect the earlier court's treatment of established facts and their legal significance. This debate continues, reflecting the complex nature of the doctrine of precedent and its role in the English legal system.
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The impact on other countries' legal systems
The English legal system, with its roots in common law and equity, has had a profound influence on the legal systems of numerous other countries, particularly those that were once part of the British Empire or Commonwealth. This export of the English legal system occurred during the colonial era, and its legacy persists in many former colonies, which continue to share legal institutions and traditions with the United Kingdom, to varying degrees.
The United States, for instance, was significantly influenced by English common law and statute law before the American Revolutionary Wars. This historical influence continues to shape American law, providing the foundation for many legal traditions and principles. Similarly, Canada, Australia, and New Zealand, as former colonies, have legal systems that are rooted in the English tradition of common law and equity. These countries have since developed their own unique legal frameworks, but the foundational impact of English law remains evident.
English law has also left its mark on the legal systems of other Commonwealth nations. For example, the Judicature Acts of the 1870s, which fused the courts of equity and common law in England, influenced the integration of legal systems in other Commonwealth jurisdictions. This fusion empowered courts to apply both common law and equitable principles, enhancing the flexibility and fairness of the legal systems in these countries.
In addition, English law has influenced the legal systems of certain dependent territories and overseas jurisdictions. For instance, Gibraltar, Bermuda, and the Falkland Islands, as British Overseas Territories, have legal systems based largely on English common law, albeit with varying degrees of autonomy. Similarly, the Judicial Committee of the Privy Council, based in England, serves as the highest court of appeal for some former colonies, such as Mauritius, Trinidad and Tobago, and for constitutional rights in Kiribati.
Furthermore, the integration of the United Kingdom into the European Union's legal system in 1973 influenced the domestic law of its constituent parts, including England and Wales. However, with the UK's exit from the EU in 2020, this influence has diminished, and the UK's legal system has once again evolved independently. Nonetheless, the European Convention on Human Rights continues to exert a similar influence on the UK's legal landscape, impacting human rights and legislative interpretation.
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Frequently asked questions
Common law, also known as judge-made or case law, was developed through judicial decisions and precedent. It emerged in the 12th century as a national law across England, as opposed to the diversity of regional or local laws. It was developed and administered in the central royal courts: the Court of King's Bench, the Court of Common Pleas, and the Exchequer.
Equity law was developed to fill the gaps in common law. It was administered in the Court of Chancery, also known as the Court of Equity, and was designed to provide remedies in cases where common law was inadequate.
Common law was largely based on awarding damages, whereas equity could order specific performance or injunctions. Common law was also inflexible, being based on precedent, whereas equity was based on the conscience of the Chancellor.
The two systems were often in conflict, with one court's rulings countermanding the other's. However, it was established by the 17th century that equity should prevail in cases of conflict. The Judicature Acts of the 1870s fused the courts of equity and common law into one unified court system, but the two bodies of law remained separate.
The development of common law and equity laid the foundation for the legal traditions of English-speaking countries, with common law often contrasted with the Civil Law traditions of continental Europe. The flexibility of common law and equity also made England's legal system attractive for international commercial contracts.
