Kara Sears
English common law, also known as judge-made law, case law, or judicial precedent, originated in the early Middle Ages in the King's Court (Curia Regis) in Westminster, near London. It was established following the Norman Conquest in 1066, when William the Conqueror unified the legal system, gradually spreading it throughout the realm, dealing with all persons equally as subjects of the king regardless of class. Over time, judges based their rulings on previous cases, creating a body of law that was accessible and applicable to all subjects of the king. This common law system has directly influenced the legal systems in the United States, most Commonwealth countries, and many former British colonies.
| Characteristics | Values |
|---|---|
| Origin | The King's Court (Curia Regis) |
| Time of Origin | Early Middle Ages |
| Location | Westminster, near London |
| Initial Purpose | Procedural remedies, not substantive rights |
| Development | Largely by judges, not legislators |
| Time Period | Post-Norman Conquest of 1066 |
| Precedent | Local customs and church governance |
| Judicial Decisions | Precedent over statutes |
| Judicial Precedent | Stare decisis ("to stand by things decided") |
| Common Law Courts | Court of Common Pleas |
| Legal System | Criminal law and civil law |
| Legal Principles | Fairness, equality before the law, right to a fair trial |
| Source of Law | Sitting judges applying statutory law and established principles |
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What You'll Learn
Influence of William the Conqueror and his successors
The Norman Conquest of 1066, led by William the Conqueror, marked the creation of English common law. William, the first Norman King of England, reigned from 1066 until his death in 1087. During this time, he created 10 laws for the English people to abide by, which were introduced to control the conquered nation. These laws were designed to appeal to the English and gain their loyalty, with the first law stating:
> First that above all things he wishes one God to be revered throughout his whole realm, one faith in Christ to be kept ever inviolate, and peace and security to be preserved between English and Normans.
The second law required all freemen to swear an oath of loyalty to the king and protect his lands, while the third law guaranteed the safety of the Normans who came to England with William and stipulated consequences for their murderers. The fourth law concerned payments by Frenchmen, and the fifth law stated that cattle could only be sold in a city with three credible witnesses. The sixth law allowed an Englishman, accused by a Norman, to defend himself in any manner he preferred. The ninth law stated that the sale of a man outside of the country would incur a fine payable to William, and the tenth law prohibited execution for crimes, instead mandating blinding and castration as punishment.
William's laws had a significant impact on the entire population of England. However, he gained a reputation as a tyrant, particularly after the failed rebellion in the north of England, which led to his brutal "Harrying of the North" campaign.
In the century following the Norman Conquest, the Norman and early Angevin kings did not issue a comprehensive code of laws, and only a few legislative acts were made. It was not until the reign of Henry II (1154-1189) that new laws, known as the assizes, were regularly issued, some of which abolished older traditions and established new legislation. During this period, the first English account of legal proceedings, likely written by Henry II's chief legalist Ranulf de Glanvill, was published.
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Development of the common-law system in England
The English common law was created in the early Middle Ages in the King's Court (Curia Regis), a single royal court set up in Westminster, near London. It was developed in the period after the Norman Conquest of 1066, superseding Anglo-Saxon law. The Anglo-Saxons, especially after the accession of Alfred the Great in 871, had developed a body of rules similar to those used by Germanic peoples in northern Europe. Local customs and the church played a large part in government.
The common law, so named because it was common to all the king's courts across England, gradually spread until it became common to much of the realm, dealing with all persons equally as subjects of the king regardless of class. Built up gradually by the king and his judges, the common law took effect in no single year. However, by about 1200, the characteristic features of the common law were well established.
William the Conqueror, in the years after the conquest of England, laid the foundations for the later emergence of the common law. He introduced feudalism, grafting this system of government onto existing Anglo-Saxon legal customs. He also stated and enforced royal rights, out of which eventually grew the common law. Henry II (1154-1189) played a significant role in the development of the common-law system by establishing permanent royal courts in Westminster, expanding the use of travelling judges, and introducing legal procedures such as juries and writs.
In the Late Medieval Period, English law was codified through judge-made laws and precedents that were created in the proceedings of Royal justices in the Circuit courts. This body of legal scholarship was first published at the end of the 19th century in 'The History of English Law before the Time of Edward I', in which Pollock and Maitland expanded the work of Coke (17th century) and Blackstone (18th century). Specifically, the law developed in England's Court of Common Pleas and other common-law courts.
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Judicial decisions and precedent
English common law, also known as judicial precedent, judge-made law, or case law, originated in the early Middle Ages in the King's Court (Curia Regis). It was common to all the king's courts across England, gradually spreading until it became common to much of the realm.
The common law was built up gradually by the king and his judges, taking effect over several years. By 1200, the characteristic features of the common law were well established. The law was developed in England's Court of Common Pleas and other common-law courts.
In the absence of a precedent or clear legislative guidance, judges are empowered to establish new precedents. This was particularly important in the early stages of common law development, as judges laid the foundation for a body of law that was accessible and applicable to all subjects of the king, regardless of social class. Over time, as the system of writs expanded, judges adapted and applied a mixture of precedent and common sense to create a coherent and consistent body of law.
The evolution of common law was influenced by various monarchs, including Henry II, who expanded the use of travelling judges and introduced legal procedures such as juries and writs. The constant extension of writs contributed to the development of common law, gradually replacing the old feudal baronial law.
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Influence on legal systems in other countries
English common law, which originated in the early Middle Ages, has had a profound influence on the legal systems of several countries worldwide. This influence is particularly evident in former British colonies, which adopted and adapted the English legal system during the colonial era.
Many former colonies, including the United States and most Commonwealth countries, continue to follow a common law system today. In the United States, for example, the early legal system was heavily based on English common law. Over time, as the American legal system matured, it began to create its own common law rules through direct precedent or by drawing on comparable areas of decided law. Similarly, the legal systems of Canada, Australia, and New Zealand, all part of the Commonwealth, have their foundations in English common law.
The influence of English common law is also noticeable in countries that were once under British colonial rule. For instance, the law of India, Pakistan, and Bangladesh is largely based on English common law due to the prolonged period of British colonial influence during the British Raj. Additionally, Nicaragua's legal system is a blend of English common law and civil law. This mix resulted from various historical factors, including the period of British administration over the eastern half of the Mosquito Coast from the mid-17th century to around 1894.
Furthermore, Israel's legal principles are derived from the law of the British Mandate of Palestine, which resembled British and American law. These similarities include the role of courts in shaping the body of law and the authority of the supreme court in reviewing and overturning legislative and executive decisions. Thus, English common law has had a lasting impact on the legal landscape of numerous countries, shaping their legal systems and contributing to the development of global legal traditions.
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Differences between common law and civil law
English common law was created in the early Middle Ages in the King's Court (Curia Regis), a single royal court based in Westminster, near London. It was established following the Norman Conquest of 1066, superseding Anglo-Saxon law. It gradually replaced local folk and manorial courts, creating a unified legal system.
The two main types of legal systems in the world are Common Law and Civil Law. Common law is a system of law that originated in England in the Middle Ages and is based on judicial precedent. It stands in contrast to civil law, which is widespread in continental Europe and is based on legal codes. Common law is largely uncodified and relies on precedent, meaning that judicial decisions made in previous similar cases are applied to new cases. The judge determines which precedents to apply. Common law is deeply rooted in stare decisis, meaning that courts follow precedents established by previous decisions. Common law systems give great weight to judicial precedent and the style of reasoning inherited from the English legal system.
Civil law, on the other hand, is based on legal codes. A legislator drafts and writes the law, and a court is required to follow it. However, the interpretation of a legal code does not bind the court, and the law can be interpreted differently in the future. Civil law codes are often comprehensive, meaning that anything not in the code is not considered law. In contrast, common law countries have many laws that are not in their legal codes, as they develop from judicial decisions.
Contracts in civil law systems tend to be shorter than those in common law systems. This is because civil law systems imply various provisions into a contract, whereas common law systems require all terms to be explicitly stated in the contract.
Common law systems are typically found in countries that were formerly British colonies or protectorates, such as the United States, India, Pakistan, Bangladesh, and most Commonwealth countries. Civil law systems, on the other hand, are prevalent in former French, Dutch, German, Spanish, or Portuguese colonies and protectorates, including much of Central and South America, Central and Eastern Europe, and East Asia.
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Frequently asked questions
English common law originated in the King's Court (Curia Regis) in Westminster, London, in the early Middle Ages.
English common law was established to unify the legal system and supplant local folk and manorial courts. It was common to all the king's courts across England and dealt with all persons equally as subjects of the king, regardless of class.
English common law was developed by judges through judicial decisions and rulings based on previous cases. It was built upon case law and judicial precedent, gradually evolving over time.
