Cameron Miranda
English common law, which originated in the early Middle Ages, is a body of customary law based on judicial decisions and court precedents. It was developed in the King's Court (Curia Regis) in Westminster, near London, following the Norman Conquest of 1066. The common law system, which contrasts with civil law, was influenced by William the Conqueror and his successors, who unified the Anglo-Saxon population and introduced concepts like juries and writs. This legal tradition was later inherited by colonies like Ghana and spread to common law jurisdictions worldwide, including the United States and other Commonwealth countries.
| Characteristics | Values |
|---|---|
| Origin | The English common law originated in the early Middle Ages in the King's Court (Curia Regis) after the Norman Conquest in 1066. |
| Development | It was developed by judges based on previous cases, creating a body of law that was accessible and applicable to all subjects of the king, regardless of social class. |
| Influence | The English common law system has influenced the legal systems of many countries, including the United States, Canada, India, Australia, and Ghana. |
| Focus | Common law focuses on case precedents, judicial decisions, and procedural remedies rather than written statutes. |
| Benefits | Stability, consistency, efficiency, and adaptability due to the reliance on precedent and caselaw. |
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What You'll Learn
The influence of William the Conqueror
English common law was the accumulation of legal customs and traditions that became common throughout England. It originated in the early Middle Ages in the King's Court (Curia Regis), a single royal court set up for most of the country at Westminster, near London. The common law of England was largely created in the period after the Norman Conquest of 1066.
William the Conqueror, the first Norman King of England, invaded England in 1066 and began a new age in English history. He created 10 laws for the English people to abide by after the Battle of Hastings. These laws were introduced by William to control the English.
The first law stated that "First, that above all things he wishes for 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 stated that every freeman shall make an oath that he will be loyal to King William and protect his lands. The third law stated that the Normans that he brought with him shall have peace and if any of them is murdered, then the lord shall seize him. The fourth law stated that every Frenchman shall pay what they call Scot and lot. The fifth law stated that one could only sell cattle in a city with three credible witnesses. The sixth law stated that if a Norman shall charge an Englishman with a crime, then the Englishman can defend himself in the manner that he prefers. The ninth law stated that the sale of a man to anyone outside the country would incur a fine payable in full to William. The tenth law stated that none shall be hanged or slain for any crime but instead be blinded and castrated.
William has gained a reputation for being a tyrant in England. However, these laws, designed to control a conquered nation, could have been a lot worse. At the start of his reign, William wanted to appeal to the English and tried to learn the English language. Along with the building of castles and the Domesday Book, these laws were part of William's way of controlling the English population.
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The jury system
Initially, jurors in England served as witnesses, providing information on local affairs. Under the rule of Henry II, the jury's role began to shift towards adjudication in both civil and criminal disputes. They started to deliberate on evidence presented by the involved parties, rather than solely reporting on events within their knowledge. This evolution led to the modern principle that jurors should know as little as possible about the facts of a case before the trial commences.
In the present-day English legal system, the role of juries is primarily confined to serious criminal cases, although they occasionally participate in civil trials. The primary function of the jury is to weigh the evidence, determine the facts of the case, and reach a verdict. The judge provides direction on the relevant law, which the jury then applies to the facts. In criminal cases, the judge decides on the sentence if the jury returns a guilty verdict. In civil cases, the jury determines the amount of monetary compensation in damages.
Despite its long history and significance, the jury trial has faced criticism and challenges in recent years. In England and Wales, the use of juries in civil trials has declined over time, with the introduction of juryless trials in 1846 and the subsequent Common Law Procedure Act of 1854, which allowed litigants the option of a trial by judge alone. Additionally, the complexity of certain cases, particularly those involving technical expertise, has led to a preference for judge-only trials in some instances.
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Precedent over statute
English common law, which originated in the early Middle Ages, refers to a distinctive legal system that developed following the Norman Conquest in 1066. It is primarily influenced by William the Conqueror and his successors.
Common law is a body of customary law based on judicial decisions and embodied in reports of decided cases. It has been administered by the common-law courts of England since the Middle Ages. It is usually contrasted with civil law systems, which rely on codes and statutes. Civil law systems, prevalent in Continental Europe, Mexico, Central and South America, and some African countries, trace their history to the Corpus Juris Civilis of Roman law.
Common law systems, on the other hand, place great emphasis on precedent over statute. This means that judges' rulings are based on previous cases, creating a body of law that is accessible and applicable to all subjects of the king, regardless of social class. The concept of "stare decisis", a Latin phrase meaning "to stand by things decided", is central to common law, where courts and judges need to follow earlier decisions and rulings, or caselaw, when dealing with similar cases.
The evolution of common law saw significant contributions from monarchs like Henry II, who expanded the use of travelling judges and introduced legal procedures such as juries and writs. The 12th and 13th centuries witnessed significant strides in the development of common law, coinciding with the Bologna revival of Roman law, which influenced English law.
Today, approximately one-third of the world's population lives in common law jurisdictions or mixed legal systems that integrate common law and civil law. Many countries, including the United States, Canada, India, and Australia, continue to rely heavily on common law when resolving legal disputes.
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The role of the Church
The Catholic Church, for instance, operated its own court system that adjudicated issues of canon law, encompassing what is now recognised as family law. The Church of England, which came into being after the English Reformation, also has its own legal system. This includes three main types of legislation: Measures, Canons, and Secondary/subordinate legislation. Measures, the first type, are a form of primary legislation created by the General Synod and, if approved by Parliament, receive Royal Assent, thus becoming part of the law of the land. The second type, Canons Ecclesiastical, also requires Royal Assent and Licence, and addresses issues such as ordination and service forms. The third type, 'Secondary' or 'subordinate' legislation, is enacted by the General Synod under the authority of a Measure and typically takes the form of rules and regulations.
It is important to note that the Church of England's legislative process has evolved over time. Historically, from the 16th century until the early 20th century, Church legislation (excluding Canon law) was enacted through Acts of Parliament. However, the Church of England Assembly (Powers) Act of 1919 granted the Church Assembly the authority to create legislation through Measures, subject to Parliamentary review and Royal Assent. The Synodical Government Measure of 1969 subsequently transferred these powers to the General Synod. While it is uncommon for Parliament to legislate on internal Church of England matters today, it retains the ability to do so with the Church's consent.
Ecclesiastical disputes within Christian churches can be settled through various formal and informal mechanisms, including administrative processes. In episcopal churches, the bishop typically plays a central role in dispute resolution, while in Presbyterian churches, authority rests with the regional presbytery and its officers. Congregational churches, on the other hand, vest authority in the local congregation and its officers.
While there are unique aspects to each Christian tradition, there are also principles of church law common to the historic churches of contemporary worldwide Christianity. For instance, the principal source of law for the Roman Catholic Church is the Code of Canon Law 1983, while Anglicans believe that law should reflect the "revealed will of God", with holy scripture as the ultimate standard. Lutherans similarly recognise the Holy Scriptures as the "sole norm" for the faith and life of the Lutheran Church.
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The Norman Conquest
Before the Norman Conquest, England's legal business was largely handled by local folk courts in its various shires and hundreds. There were also individual courts held by urban boroughs and merchant fairs, and large landholders held their own manorial and seigniorial courts as needed. The English church courts also applied Canon Law, which was based on the theology that offences are committed with 'moral guilt'.
The Conquest also brought changes to the English language and culture. The language of official documents changed from Old English to Latin, and Anglo-Norman, a northern dialect of Old French, became the language of the ruling classes, replacing Old English. Male names like William, Robert, and Richard became common, and while female names changed more slowly, intermarriage between the native English and Norman immigrants became common within a century of the invasion. The Conquest also led to the elimination of slavery in England by the middle of the 12th century.
While the Norman Conquest brought about significant changes, it did not bring an immediate end to Anglo-Saxon law. 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 discussion.
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Frequently asked questions
English common law originated in the early Middle Ages in the King’s Court (Curia Regis), a single royal court set up for most of the country at Westminster, near London. It was developed following the Norman Conquest in 1066, primarily under the influence of William the Conqueror and his successors.
Common law systems rely on caselaw and legal precedent to guide their decisions, whereas civil law systems rely primarily on codes and statutes. Civil law, which originated in mainland Europe, centers around a comprehensive code of statutes that clearly outlines everything from the procedures for handling claims to the punishment for offenses.
Common law originated in the English royal court and gradually spread until it became common to much of the realm, dealing with all persons equally as subjects of the king regardless of class. Common law was also spread to other parts of the world during colonisation by the British Empire.
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. Given that judges need only follow precedent when making decisions in common law systems, court proceedings can be much shorter, thereby saving everyone time and money.
