Cameron Miranda
Common law and statutory law are two different systems of law that are followed by most nations in the world. Common law, also known as judge-made law, is deeply rooted in stare decisis (to stand by things decided), where courts follow precedents established by previous decisions. Statutory law, on the other hand, is codified and encompasses compiled legislation passed by government bodies at the local, state, or federal level. While common law relies on precedent and past judicial rulings, statutory law is written and passed by the legislature and government of a country. This key distinction between the two legal systems influences their applications and interpretation.
Difference between Common Law and Statutory Law
| Characteristics | Common Law | Statutory Law |
|---|---|---|
| Definition | Law created by judges through their decisions and interpretations in individual cases, also known as case law or precedent. | Law created by legislative bodies through written statutes and codes. |
| Basis | Case precedent | Written legislation |
| Creation | Evolves over time through judicial decisions | Enacted by a legislative body and takes effect immediately or at a specified date |
| Flexibility | More flexible as it can adapt and change through judicial interpretation | Less flexible as it requires legislative action to change |
| Scope | May apply generally or be limited to a specific jurisdiction | Usually applies broadly across a jurisdiction |
| Enforcement | Enforced by courts through decisions in individual cases | Enforced by courts through interpretation and application of the written law |
| Stability | May change over time through judicial interpretation | Generally more stable, changes only when the legislature amends or repeals the law |
| Interpretation | May be interpreted and applied differently in different cases | Interpreted and applied consistently across cases, unless the statute is amended |
| Research | Requires research of case law and understanding of legal principles | Requires research of statutes and codes, and understanding of legislative intent |
| Examples | Tort law, contract law, property law | Criminal law, tax law, traffic law |
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What You'll Learn
- Common law is based on precedent and previous rulings by judges
- Statutory law is written law passed by a legislature and government
- Common law is uncodified and more flexible in interpretation
- Statutory law is strict in its application and is not open to interpretation
- Common law is also known as civil law, and statutory law as case law
Common law is based on precedent and previous rulings by judges
Common law, also known as case law, is uncodified, meaning it is not compiled into rules and statutes. It is based on precedent and previous rulings by judges in similar cases. Common law is more malleable than statutory law, and it is ever-changing. It is an inductive process, drawing its generalisations from specific cases.
Common law can be seen as a type of 'judge-made law'. However, this is a controversial concept, as it is technically the interpretation of the law, rather than the creation of new law. For example, in the US, Congress can overrule federal courts' common law. Judges interpret the existing law and determine new boundaries and distinctions. This is in contrast to civil law, where judges make rulings based on the applicable code.
Common law has practical applications in areas such as contract law and the law of torts. It is also used in most English-speaking countries. For example, in most jurisdictions, decisions by appellate courts are binding on lower courts in the same jurisdiction.
Common law is based on precedent and previous rulings, which can be seen as an 'ever-changing story'. This is in contrast to statutory law, which is strict in its application and is based on written laws passed by the legislature and government. Statutory law is codified and encompasses compiled legislation passed at a local, state, or federal level.
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Statutory law is written law passed by a legislature and government
Statutory law, also known as civil law, is a written law passed by a legislature and government. It is based on current statutes and is compiled legislation that has been passed on a local, state, or federal level. It is a body of law resulting from statutes, which may also be referred to as legislation. Statutes are generally understood to supersede common law, and they may codify existing common law, create new causes of action, or overrule the common law.
Statutory law is written in a way that is strict in its application, which means it is not subject to the same interpretation as common law. In other words, a statute means exactly what it says. However, statutes are subject to being overturned or changed if a later legislative body finds them unconstitutional. Some statutes may even be designed to expire every few years and must be renewed if the law is still deemed necessary.
Statutory law is beneficial because, whether it is federal or state law, it is written down and can be located and read at a law library or online. This is in contrast to common law, which is also known as "unwritten law" because it is not collected in a single source.
Statutory laws are developed by the government of a state or nation and are organized and codified into law codes. They cover all areas regulated by statutory laws exclusively, as well as those areas where common law is not applicable. Statutory laws are already written and simply need to be applied to specific cases.
In addition to common law and statutory law, there are also regulatory laws framed by various government agencies authorized to do so once statutes are created by the legislature. For example, in the United States, federal common law was limited to some jurisdictions stated in the Constitution, such as admiralty, and possibly some areas that may not be the traditional jurisdiction of state law.
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Common law is uncodified and more flexible in interpretation
Common law, also known as case law, is uncodified, meaning it is not compiled into rules and statutes. It is based on precedent, or in other words, previous rulings by judges in similar cases. It is an ever-changing story, where judges interpret existing law and determine new boundaries and distinctions. This interpretation of the law is what makes common law more flexible.
Common law is not static, and it does not work from pre-established truths of universal and inflexible validity. Instead, it draws its generalisations from particulars, making it more malleable than statutory law. For example, in most jurisdictions, decisions by appellate courts are binding on lower courts, but decisions of lower courts are only non-binding persuasive authority. This hierarchical structure allows for flexibility in the interpretation of the law.
In contrast, statutory law is strict in its application and is not subject to the same interpretation as common law. Statutory law is codified and encompasses compiled legislation passed on a local, state, or federal level. It is written law passed by the legislature and government of a country and accepted by society. An example of statutory law is a state statute that prohibits the sale or consumption of alcoholic beverages on licensed premises on Sundays before noon.
While common law is more flexible in interpretation, it is important to note that statutory law can also be flexible. Statutes are subject to being overturned or changed if a later legislative body finds them unconstitutional, and they may even be designed to expire every few years. This flexibility ensures that statutory law remains relevant and reasonable to the people it protects and regulates.
Common law and statutory law interact and can create confusion when precedent offers a different conclusion than the law codified in legislation. For example, in the English-speaking world, judges in civil law systems will refer to prior court decisions, but they make rulings mainly based on the applicable code. This interplay between common law and statutory law highlights the complexity of legal systems and the need for a combination of both to serve justice.
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Statutory law is strict in its application and is not open to interpretation
Common law and statutory law are two different systems of law that are followed by most nations in the world. Common law, also known as case law, is uncodified and is based on precedent—that is, previous rulings by judges in similar cases. It is an ever-changing story, more malleable than statutory law.
Statutory law, on the other hand, is codified and comprises written laws passed by the legislature and government of a country. It is strict in its application and is not open to interpretation. In other words, a statute means exactly what it says. For example, a statute may state that "it shall be unlawful to sell or consume alcoholic beverages [...] from the time at which sale or consumption must cease on Sunday morning until 12:00 noon on that day."
While common law is based on the interpretation of existing laws and the creation of new boundaries and distinctions, statutory law is not subject to interpretation in the same way. However, this does not mean that statutory law is completely inflexible. Statutes are subject to being overturned or changed if a later legislative body finds them unconstitutional. Some statutes may even be designed to expire every few years, allowing for renewal if the law is still necessary.
The interaction between common law and statutory law can create complexity. For example, in some cases, common law doctrines can be applied to statutes, and statutes can codify common law without displacing it. However, confusion can arise when precedent offers a different conclusion than the law codified in legislation.
In summary, while statutory law is strict in its application and is generally not open to interpretation, it is not entirely inflexible. It can be changed or overturned, and it interacts with and complements common law in the legal system.
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Common law is also known as civil law, and statutory law as case law
Common law, also known as case law, is an uncodified system where future rulings are based on past judicial interpretations. Common law is developed on a case-by-case basis, without causing fractionalization of society or expense to the state. It is based on the concept of stare decisis, a Latin phrase meaning "let the decision stand", where judges are bound by past decisions. Common law is used in many countries that were formerly under English rule, including the United States.
Statutory law, also known as civil law, is a codified system based on written laws passed by the government of a state or nation. These laws are organised into law codes and cover areas regulated exclusively by statutory law, as well as areas where common law is not applicable. Civil law is typically found in countries that were formerly colonies or protectorates of France, the Netherlands, Germany, Spain, or Portugal, including much of Central and South America, Central and Eastern Europe, and East Asia.
Common law is more flexible than civil law, as it is based on past interpretations rather than strict adherence to written laws. Common law allows for the creation of new laws where there are no statutes, and judges can interpret existing laws to determine new boundaries and distinctions. In civil law, there is little scope for judge-made law, and legislative enactments are considered binding. Civil law systems have a written constitution based on specific codes that enshrine basic rights and duties, such as a civil code, corporate law, administrative law, tax law, and constitutional law.
While common law is based on past judicial opinions, statutory or civil law is based on current statutes and is strict in its application. Statutory law is not subject to interpretation and means exactly what is written. However, statutes can be overturned or changed if a later legislative body finds them unconstitutional.
In summary, common law, or case law, is a flexible system that relies on past judicial interpretations to set precedents for future cases, while statutory law, or civil law, is a codified system based on written laws passed by the government that are strictly applied.
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Frequently asked questions
Common law, also known as "case law", is uncodified, meaning it is not compiled into rules and statutes. It is based on past judicial opinions and relies on precedent. Common law is generated through court decisions and is sometimes called "judge-made" law.
Statutory law is based on current statutes (written laws) enacted by a legislative body. It is also known as civil law and is strict in its application. Statutory laws are compiled legislation that has been passed on a local, state, or federal level.
The main difference is that common law is based on past judicial opinions, while statutory law is based on current statutes. Common law relies on precedent, while statutory law is codified.
Yes, statutory laws include traffic laws, such as driving on a suspended license, and drug laws, such as those regarding drug possession.
No, statutory law always overrides common law. If no statute law applies to a particular situation, then common law will apply.
