Cameron Miranda
Common law, also known as case law, is a legal system in which previous court decisions are treated as precedents that courts are required to follow when making subsequent decisions. Common law originated in England following the Norman Conquest of 1066 and spread throughout the British Empire, so today it is used almost exclusively by former British colonies. Common law is one of the two main legal systems in the world, the other being civil law, which originated in mainland Europe and focuses more on written codes and statutes. Common law countries include the United States, Canada, India, Ghana, and Australia.
| Characteristics | Values |
|---|---|
| Number of countries that use common law | Approximately 40 |
| Number of countries that use common law as part of a mixed legal system | Approximately 60 |
| Origin | England, in the years following the Norman Conquest of 1066 |
| Current prominent users | United States, Canada, India, Australia, Ghana |
| Basis | Court decisions, also known as case law or caselaw |
| Influence on court decisions | Previous court decisions are usually respected as precedent and applied to current decisions |
| Other names | Case law, stare decisis |
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What You'll Learn
Common law's historical roots
Common law, also known as case law, is a legal system in which the main body of law is formed by court opinions, which play a defining role in determining how laws are interpreted and applied. Common law is deeply rooted in the principle of stare decisis, which means "to stand by things decided". This principle dictates that courts follow precedents established by previous decisions. In other words, previous court decisions are usually respected as precedent and applied to current decisions.
Common law originated in England in the years following the Norman Conquest of 1066. It established a unified legal system, gradually supplanting the local folk courts and manorial courts. The degree to which common law drew from earlier Anglo-Saxon traditions, such as the jury, ordeals, the penalty of outlawry, and writs, is still a subject of much discussion. Additionally, the Catholic Church operated its own court system that adjudicated issues of canon law, which included much of what would today be regarded as family law.
England spread the English legal system across the British Isles, first to Wales, then to Ireland, and later to its overseas colonies. As the British Empire continued this expansion, common law was disseminated around the world. Today, common law is used almost exclusively by countries that were once British colonies. Many countries have mixed legal systems that combine multiple legal systems into a single hybrid system. For example, the United States and Canada follow common law on a national level, but have a single region (Louisiana and Quebec, respectively) that uses a civil law system.
Common law is one of the most prevalent legal systems in the world, with approximately 40 countries and territories using it and roughly 60 more using it as part of a mixed legal system. Common law countries include the United States, Canada, India, Australia, and Ghana. Ghana's laws, for example, are largely a modified version of imported law that is continuously adapting to the country's changing socio-economic and political realities.
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Common law today
Common law, also known as case law, is a legal system in which the main body of law is formed by court opinions, which play a defining role in determining how laws are interpreted and applied. Common law is prevalent in countries that were once British colonies, including the United States, Canada, India, Australia, and Ghana.
In a common law system, previous court decisions are generally respected as precedent and applied to current decisions. This principle, known as stare decisis or "to stand by things decided", means that judges are required to follow the interpretations and rulings of earlier judges in cases with similar facts. This is in contrast to civil law systems, which originated in mainland Europe and focus more on written codes and statutes, with less emphasis on legal precedent. Civil law systems have clear guidelines for handling claims and determining punishments for offences.
Today, common law continues to be a significant legal system worldwide, with approximately 40 countries and territories using it exclusively. Additionally, about 60 more countries use it as part of a mixed legal system, blending common law with other forms of law such as civil, religious, or customary law. Common law countries are increasingly adopting codes similar to civil law systems in specific areas, such as bankruptcy, intellectual property, and tax law.
The application of common law varies across countries. For example, while the United States follows common law on a national level, Louisiana has a civil law system. Similarly, Canada generally adheres to common law, but Quebec uses civil law. Ghana's legal system is based on English common law, adapted to the country's changing socio-economic and political realities, and enshrined in its 1992 Constitution. India's legal system also derives from British common law, synthesising laws from Ireland, the United States, Britain, and France, while adhering to international guidelines on human rights and environmental law.
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Common law countries
Common law, also known as case law, is a legal system in which the main body of law is formed by court opinions, which play a defining role in determining how laws are interpreted and applied. Common law is often contrasted with civil law, which originated in France and mainland Europe, and focuses more on the written codes and statutes, with less emphasis on established legal precedent. Civil law is also characterised by a comprehensive code of statutes that outlines the procedures for handling claims and the punishments for offences.
Common law originated in England following the Norman Conquest of 1066 and spread around the world as England built its empire. Today, common law is used almost exclusively by countries that were once British colonies, such as Ghana, India, and Australia. There are approximately 40 countries and territories that use common law, and roughly 60 more use it as part of a mixed legal system. For example, the United States and Canada follow common law at a national level, but Louisiana and Quebec respectively use a civil law system.
In a common law system, previous court decisions are usually respected as precedent and applied to current decisions. This precedent is known as stare decisis, a Latin phrase that means "to stand by things decided". In practice, this means that judges are required to follow the decision of an earlier judge if the two cases have similar facts. Over time, this rule replaced the pre-Norman system of local customs and law varying in each locality with a system that was common throughout the country.
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Common law vs civil law
Common law, also known as case law, is a legal system in which the main body of law is formed by court opinions, which play a defining role in determining how laws are interpreted and applied. Common law originated in England following the Norman Conquest of 1066 and spread around the world as England built its empire. Today, common law is used almost exclusively by countries that were once British colonies, such as India, Ghana, Canada, the United States, and Australia.
In a common law system, previous court decisions are usually respected as precedent and applied to current decisions. At the centre of common law is a legal principle known as stare decisis, which is Latin for 'to stand by things decided'. This means that judges are required to follow earlier decisions and rulings when dealing with similar cases. Common law systems are less prescriptive, and generally, everything is permitted unless expressly prohibited by law.
Civil law, on the other hand, is primarily derived from legal statutes and codes created by legislatures. Civil law is rooted in the Roman Empire and was comprehensively codified and disseminated in the 19th century, particularly with France's Napoleonic Code and Germany's Bürgerliches Gesetzbuch. Civil law is the world's most common legal system, practiced in about 150 countries. It is characterised by its reliance on legal codes that function as the primary source of law, rather than judicial precedent. Civil law systems are more prescriptive, and clearly outline the procedures for handling claims and the punishments for offences.
While the two systems have distinct characteristics, the contrast between civil law and common law has become increasingly blurred. Common law countries are adopting codes similar to civil law systems in areas such as bankruptcy, intellectual property, and tax law. Conversely, civil law countries are giving more importance to jurisprudence, similar to case law.
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Common law and local customs
Common law, also known as case law, is a legal system in which the main body of law is formed by court opinions, which play a defining role in determining how laws are interpreted and applied. Common law is based on the principle of stare decisis, which means that previous court decisions are usually respected as precedent and applied to current decisions. It is often contrasted with civil law, which originated in France and mainland Europe, and focuses more on written codes and statutes with less emphasis on established legal precedent. Common law originated in England following the Norman Conquest of 1066 and spread throughout the British Empire, so today it is used almost exclusively by former British colonies. Approximately 40 countries and territories use common law, including the US, Canada, India, and Australia, and roughly 60 more use it as part of a mixed legal system.
Ghana, for example, follows the English common law tradition inherited from British colonisation. The laws of Ghana are mostly a modified version of imported law that is continuously adapted to the country's changing socio-economic and political realities. The Supreme Court Ordinance of 1876 formally introduced British common law in Ghana, and after independence, the country retained this system, enshrining it in the 1992 Constitution. Similarly, India's present judicial system derives largely from the British system, with substantial European and American influence. Indian laws also adhere to United Nations guidelines on human rights law and environmental law, as well as certain international trade laws.
Common law countries are increasingly adopting codes similar to civil law systems in specific areas such as bankruptcy, intellectual property, antitrust, banking regulation, securities, and tax law. For instance, the United States has the Uniform Commercial Code (UCC), which governs various aspects of commercial law. While common law and civil law systems have distinct characteristics, the contrast between them has become blurred with the growing importance of jurisprudence in civil law countries and the increasing importance of statute law and codes in common law countries.
In addition to civil law, other forms of law include customary laws and religious legal systems. Customary laws are based on patterns of behaviour or cultural customs that are accepted as legal requirements or rules of conduct, while religious legal systems derive from religious texts or traditions and are commonly seen in Islamic countries. Many countries have mixed legal systems that combine multiple forms of law, such as the US and Canada, which follow common law nationally but have regions that use a civil law system (Louisiana and Quebec, respectively).
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Frequently asked questions
Common law, also known as case law, is a legal system in which the main body of law is formed by court opinions, which play a defining role in determining how laws are interpreted and applied.
Approximately 40 countries and territories use common law, and roughly 60 more use it as part of a mixed legal system.
Common law is used almost exclusively by countries that were once British colonies. Some examples of common law countries include the United States, Canada, India, Ghana, and Australia.
Common law relies on caselaw and legal precedent to guide decisions, while civil law relies primarily on codes and statutes. Civil law, which originated in France, has a more meticulous focus on written codes and statutes and has a reduced emphasis on established legal precedent.
