Cecily Zamora
The American Constitution is the supreme law of the United States, ratified in 1787. The Constitution was created in the aftermath of the American Revolution, with the intention of establishing a new government and guaranteeing individual liberties such as freedom of speech and religion. The American legal system is based on common law, which is derived from judicial decisions and precedent. Until the 20th century, common law was widely considered to derive its authority from ancient Anglo-Saxon customs. Anglo-Saxon law was the legal system of England from the 6th century until the Norman Conquest in 1066, and was based on unwritten customs and folk-right. The laws were written in the vernacular and were relatively free of Roman influence.
| Characteristics | Values |
|---|---|
| Time period | 6th century to 1066 (Norman Conquest) |
| Geographic scope | Anglo-Saxon England |
| Legal basis | Folk-right, unwritten customs, and written laws enacted by kings |
| Language | English dialect, primarily West Saxon |
| Key figures | Alfred the Great, Æthelstan, Cnut the Great |
| Judicial process | Assemblies or moots, courts, enforcement by ealdormen and royal officials |
| Influence | Scandinavian law, Germanic law, Roman law, church |
| Legacy | Foundation for common law, influence on U.S. Constitution and state laws |
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What You'll Learn
Anglo-Saxon law origins
Anglo-Saxon law was the legal system of Anglo-Saxon England from the 6th century until the Norman Conquest of 1066. It was a form of Germanic law based on unwritten customs, known as folk-right, and on written laws enacted by kings with the advice of their witan or council.
The Anglo-Saxons developed a system of assemblies or moots (from the Old English words mot and gemot, meaning "meeting"). Historians often refer to these assemblies as courts, though they were not like the specialised law courts that later developed under Angevin government. The preservation of peace was an important feature of Anglo-Saxon law, and stringent rules and regulations were gradually introduced against violating the king's peace.
Anglo-Saxon law assumed that a man's wife and children were his accomplices in any crime. If a man could not return or pay for stolen property, he and his family could be enslaved. One of the foundations of Anglo-Saxon law was the extended family or kindred (Old English: mægþ).
The last Anglo-Saxon law codes were enacted in the early 11th century during the reign of Cnut the Great. After the Norman Conquest, Latin took the place of English as the language of legislation. However, Anglo-Saxon law and institutions survived and formed the foundation for the common law.
In the United States, the common law constitutes the basis of the legal systems of all states except Louisiana. All U.S. states, except Louisiana, have either implemented reception statutes or adopted the common law by judicial opinion. The common law is a body of law derived from judicial decisions, rather than from statutes or constitutions.
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Influence on the US Constitution
Anglo-Saxon law was the legal system of Anglo-Saxon England from the 6th century until the Norman Conquest of 1066. It was a form of Germanic law based on unwritten customs known as folk-right and on written laws enacted by kings with the advice of their witan or council.
The Anglo-Saxons developed a system of assemblies or moots (from the Old English words mot and gemot, meaning "meeting"). Historians often refer to these assemblies as courts, but they were not like the specialised law courts that later developed under Angevin government. The preservation of peace was an important feature of Anglo-Saxon law, and stringent rules and regulations were gradually introduced against violating the king's peace.
Anglo-Saxon law was written in the vernacular and was relatively free of the Roman influence found in continental laws that were written in Latin. Instead, Roman influence was indirect and exerted primarily through the church. There was, however, a definite Scandinavian influence upon Anglo-Saxon law as a result of the Viking invasions of the 8th and 9th centuries.
The last Anglo-Saxon law codes were enacted in the early 11th century during the reign of Cnut the Great. After the Norman Conquest, Latin took the place of English as the language of legislation, and Roman law, as embodied in Frankish law, began to influence the laws of England.
The influence of Anglo-Saxon law can be seen in the common law of England and the US Constitution. Common law is "the body of law derived from judicial decisions, rather than from statutes or constitutions". Until the early 20th century, common law was widely considered to derive its authority from ancient Anglo-Saxon customs. In the US, all states, with the partial exception of Louisiana, have either implemented reception statutes or adopted the common law by judicial opinion.
The US Constitution was created at a convention in Philadelphia in 1787, with George Washington unanimously elected as president of the convention. The convention was moving towards the creation of a new government, to the dismay of many small-state delegates. The nationalists, led by Madison, appeared to have the proceedings under control. They were able to persuade the members that any new constitution should be ratified through conventions of the people and not by Congress or the state legislatures.
The influence of Anglo-Saxon law on the US Constitution can be seen in the emphasis on individual liberties and the balance of power between the central government and the states. The Founding Fathers enshrined the common law in the Constitution of New York State in 1777. The New York jurist Chancellor James Kent, known as the father of American jurisprudence, described the process by which the common law grew into use by gradual adoption, receiving the sanction of the courts of justice without any legislative act or interference.
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The Norman Conquest
Anglo-Saxon law was the legal system of Anglo-Saxon England from the 6th century until the Norman Conquest of 1066. The Norman Conquest was the 11th-century invasion and occupation of England by an army made up of thousands of Norman, French, Flemish, and Breton troops, all led by William, the Duke of Normandy, later styled William the Conqueror.
William's claim to the English throne derived from his familial relationship with the childless Anglo-Saxon king Edward the Confessor, who may have encouraged William's hopes for the throne. When Edward died in January 1066, he was succeeded by his brother-in-law Harold Godwinson. William decided to fight Harold for the crown and assembled an army of about 5,000 knights on the coast of Normandy. His army landed in England on September 28, 1066, and the Norman and Anglo-Saxon armies battled near the town of Hastings on October 14. Harold's men were no match for William's knights on horseback, and William emerged victorious.
While the Norman Conquest ended the Anglo-Saxon monarchy, Anglo-Saxon law and institutions survived and formed the foundation for the common law. The Domesday Book, a Norman-instituted record of the "Great Survey" of England and parts of Wales, was completed by 1086 and became a source of authoritative statements of custom.
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Scandinavian and Germanic influence
The Anglo-Saxon legal system was a form of Germanic law that was based on unwritten customs and folk rights. It was in place in England from the 6th century until the Norman Conquest in 1066. The Anglo-Saxons migrated to England from continental Europe in the 5th and 6th centuries and established several kingdoms with their own legal traditions. These traditions were based on Germanic law, which owed little to Celtic or Roman influences.
Scandinavian influence on Anglo-Saxon law was significant, particularly as a result of the Viking invasions of the 8th and 9th centuries. The Danelaw, for example, was governed under Scandinavian law after being conquered by the Danes in the 9th century. The word "law" itself derives from the Old Norse word "laga". In addition, Danish words were used as technical terms in some legal documents.
Anglo-Saxon law was also influenced by Germanic legal concepts such as the importance of the extended family or kindred (Old English: mægþ or maegth). The kindred was considered the "unit of the common weal", controlling its members and answerable for them in matters of public and private right. This often resulted in blood feuds, where a man's kindred was expected to avenge him or make amends for his misdeeds.
The Anglo-Saxons also developed a system of assemblies or moots (from the Old English words "mot" and "gemot", meaning "meeting") to formulate and apply the folkright. These assemblies were not specialised law courts but rather local gatherings that included all members of the community.
The preservation of peace was another important feature of Anglo-Saxon law, with stringent rules and regulations against violating the king's peace. This contributed to the development of a unified Kingdom of England with a single Anglo-Saxon government.
Overall, the influence of Scandinavian and Germanic legal traditions on Anglo-Saxon law was substantial, shaping the legal system of England for centuries until the Norman Conquest.
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Common law jurisdictions
Common law systems, also known as legal systems that rely on common law as precedent, are in place in several countries today. These systems give great weight to judicial precedent and the style of reasoning inherited from the English legal system. Common law is defined as "the body of law derived from judicial decisions, rather than from statutes or constitutions".
The two main legal systems used today throughout the world are common law systems and civil law systems. Civil law systems, which originated in mainland Europe, rely on codes and statutes, with a comprehensive code of statutes that outlines everything from procedures for handling claims to the punishment for offences. Common law systems, on the other hand, rely on caselaw and legal precedent to guide their decisions.
In a common law jurisdiction, several stages of research and analysis are required to determine "what the law is" in a given situation. First, one must ascertain the facts, then locate any relevant statutes and cases, and then extract the principles, analogies, and statements by various courts. More recent decisions and decisions of higher courts carry more weight. Finally, one integrates all the lines drawn and reasons given and determines "what the law is", and then applies that law to the facts.
The decisions of a court are binding only in a particular jurisdiction, and even within a given jurisdiction, some courts have more power than others. For example, decisions by appellate courts are binding on lower courts in the same jurisdiction, and on future decisions of the same appellate court, but decisions of lower courts are only non-binding persuasive authority. Common law promotes stability and consistency because everyone involved knows that the ultimate outcome will be based on previous caselaw and not on subjective, personal viewpoints.
Many former colonies, such as the United States, continue to retain the common law system today. In the US, every state except Louisiana has a common law legal system. New York common law, in particular, has a depth and predictability not yet available in any other jurisdictions of the United States.
Anglo-Saxon law, which was the legal system of Anglo-Saxon England from the 6th century until the Norman Conquest of 1066, is considered to have formed the foundation for the common law. It was a form of Germanic law based on unwritten customs and written laws enacted by kings with the advice of their witan or council.
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Frequently asked questions
Anglo-Saxon law was the legal system of Anglo-Saxon England from the 6th century until the Norman Conquest of 1066. It was a form of Germanic law based on unwritten customs and written laws enacted by kings.
Common law is a body of law derived from judicial decisions, rather than from statutes or constitutions. It is also known as case law or judge-made law.
The American Constitution was created through a convention of the people, which resulted in a new government. The Uniform Commercial Code (UCC) is an example of a codified framework governing various aspects of commercial law in the US. All US states, except Louisiana, have implemented reception statutes or adopted the common law by judicial opinion.
The Founding Fathers enshrined the common law in the Constitution of New York State in 1777. The common law is organic and continues to be practised in courtrooms throughout New York State.
Hanging by the gallows, beheading, and drowning for women convicted of murder by witchcraft were common forms of execution. The laws also included stipulations for the preservation of peace, as well as the sanctity of holy places, persons, or things.
