Cameron Miranda
The development of common law, also known as case law, can be traced back to the early Middle Ages in England, specifically in the King's Court (Curia Regis). It was initially a procedural system, with substantive rights being established over time. The expansion of royal justice in the 12th century, under King Henry II, played a pivotal role in the evolution of common law, with the establishment of permanent royal courts and the emphasis on written documentation, particularly royal writs. This period also saw the emergence of local juries and a hierarchy of courts. The term common law refers to the uniformity of laws across the country, as opposed to the variation of regional or local laws. The development of common law was influenced by the decline of feudalism and manorialism, the expansion of freemen and free-held property, and the norms of customary law, including crime, family, property, and inheritance.
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What You'll Learn
The influence of local customs and lord's courts
The influence of local customs and lords' courts was significant in the development of common law in England from the Middle Ages to the 19th century. During this period, local customs played a pivotal role in governing everyday matters, with the church also exerting considerable influence on governance. Most rules regarding land tenure and management of tenants' estates were established in local lords' courts, which adapted and standardised these rules over time.
The 12th century witnessed a transition from predominantly local, informal power structures characteristic of customary law to the emergence of formal government bureaucracies. This shift was exemplified by the reign of Henry II, during which the royal treasury and permanent royal courts were established in Westminster. The formation of these institutions marked a pivotal expansion of royal justice, extending across geographic and social strata, from freemen to high-ranking nobles.
The development of common law was also influenced by the norms and procedures of local lords' courts. While local lords retained authority in military and judicial matters, the concept of 'freedom' evolved, with individuals holding land 'freely' or leasing it from landlords in exchange for rent rather than personal service. This evolution of 'freedom' occurred alongside the rise of the state, necessitating a central authority capable of safeguarding individuals' rights, as foreshadowed in the Magna Carta of 1215.
The influence of local customs and lords' courts on the development of common law is also evident in the reforms pertaining to property law, known as the possessory assizes. These reforms were based on royal writs, which were brief written orders issued by the king to initiate lawsuits. The availability of standardised writs enabled any freeman to purchase and initiate a lawsuit, challenging lordly power and contributing to the evolution of modern property rights.
In summary, the influence of local customs and lords' courts was a crucial aspect of the development of common law in England. The evolution of rules and procedures in local lords' courts, the transition to formal government, the changing dynamics of freedom and authority, and the reforms in property law shaped the common law system that evolved into the legal framework of many Commonwealth countries and the United States.
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The development of the King's Court
Initially, the King's Court was itinerant, travelling wherever the king resided. However, during the reign of Henry II (1154-1189), significant reforms were instituted. Henry II established permanent royal courts, including the Court of the King's Bench and the Court of Common Pleas, in Westminster. This marked a pivotal shift towards a more centralised and organised system of royal justice.
The King's Court played a crucial role in standardising and elaborating the rules and procedures that formed the foundation of common law. This process gained momentum in the 12th and 13th centuries, with statutes passed to regulate matters in greater detail. For instance, rules governing the terms of land occupation were refined, and statutes were enacted to prevent life tenants from damaging or causing deterioration to the property unless specifically permitted by the grant.
The use of royal writs, or written orders from the king, became a prominent feature of the King's Court. These writs, developed by royal officials, were used to initiate lawsuits and address a range of common legal cases. Any freeman could purchase a writ to commence legal action, such as recovering property or asserting inheritance rights upon the death of a predecessor. This expansion of the royal justice system contributed to the development of modern property rights and the undermining of local lordly powers.
The King's Court also introduced innovative procedural norms that distinguished the Common Law. Emphasis was placed on written documentation, peaceful dispute resolution, the utilisation of local juries, and the establishment of a clear hierarchy of courts. These procedures, along with the accumulation of judicial decisions and reports of decided cases, contributed to the evolution of common law as a distinct legal system.
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![The Common Law; Its Origin, Sources, Nature, and Development, and What the State of New York Has Done to Improve Upon It, by Charles P. Daly 1894 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
The emergence of permanent royal courts
Prior to the establishment of permanent royal courts, the king's court was itinerant, meeting wherever the king happened to be. The creation of these permanent institutions represented a significant expansion of royal justice, both geographically throughout the country and socially, across all classes. Previously, only the highest-ranking nobles had regular recourse to the king's court.
The common law of England, also known as judicial precedent, judge-made law, or case law, was largely created in the period after the Norman Conquest of 1066. It is deeply rooted in the principle of stare decisis, which means "to stand by things decided". This means that courts follow precedents established by previous judicial rulings in similar cases.
The early development of case law in the 13th century has been traced to Bracton's "On the Laws and Customs of England", which led to the yearly compilations of court cases known as Year Books. These Year Books are considered the law reports of medieval England and provide valuable insights into the developing legal doctrines, concepts, and methods from the 13th to the 16th centuries, when common law evolved into a recognisable form.
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The role of written documentation and royal writs
The development of common law in England, from the 1100s to the 1800s, was marked by the increasing importance of written documentation and royal writs. This evolution of legal practices was driven by the establishment of permanent royal courts and the expansion of centralised royal justice across the country.
During the 12th century, England witnessed a transition from local, informal power structures to a more formal system of governance, with the reign of King Henry II (1154-1189) playing a pivotal role in this transformation. The establishment of the royal treasury (the Exchequer) and the creation of permanent royal courts, such as the Courts of the King's Bench and Common Pleas in Westminster, marked a significant shift in the administration of justice. This expansion of centralised royal justice, accessible to all classes, laid the groundwork for the development of common law.
The emergence of the expanded system of royal justice in the late 1100s brought about a focus on written documentation, with royal writs being a key component. Royal writs were brief written orders issued by the king, typically drafted by his officials, to initiate lawsuits. These writs were designed as fill-in-the-blank forms, addressing common legal scenarios, and were available for purchase by any freeman wishing to commence legal proceedings against another party, particularly in matters concerning property and inheritance. The two most notable writs were the writ of Mort d'Ancestor, pertaining to inheritance disputes, and the writ of novel disseisin, which addressed unlawful dispossession of property. The use of these standardised writs facilitated the handling of diverse legal matters in the royal courts, contributing to the development of a more uniform system of law across the country.
The increased emphasis on written documentation and royal writs played a significant role in the evolution of common law. The standardisation of legal processes through the use of writs contributed to the development of a more coherent and accessible legal system. Additionally, the written records generated through this process provided a valuable resource for future reference and the development of legal precedents, which became a cornerstone of common law.
The role of written documentation extended beyond royal writs, as exemplified by the publication of the first extant "Year Book" in 1268. These Year Books, or law reports, served as compilations of court cases, providing insights into the evolving legal doctrines, concepts, and methods during the formative years of common law. They represent a valuable source of knowledge regarding the development of legal practices in medieval England and offer a glimpse into the transition from local customs to a more unified system of law.
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The evolution of legal doctrines and concepts
The English common law has its roots in the early Middle Ages, with the establishment of the King's Court (Curia Regis) in Westminster, near London. Initially, the focus was on procedural remedies rather than substantive rights, but over time, the working out of these remedies led to the modern system where rights take precedence over procedure. The 12th century marked a significant shift in England, with the reign of Henry II, as the royal treasury and permanent royal courts were established, expanding the reach of royal justice across the country and across social classes.
The development of common law was influenced by the norms of the time, including the law of crime, family, property, and inheritance. While the substantive law remained conservative, the procedures became innovative, emphasizing written documentation, peaceful dispute resolution, local juries, and a clear hierarchy of courts. The use of royal writs, or brief written orders from the king, played a crucial role in initiating lawsuits and shaping property law. The expansion of the freemen class and the decline of feudalism and manorialism during the later Middle Ages also contributed to the evolution of legal doctrines.
The nature of common law, as a body of unwritten laws based on legal precedents, allows judges to significantly influence the interpretation of cases and set precedents for future rulings. This has sometimes led to the marginalization or disempowerment of certain groups, as outdated or biased past decisions continued to shape future rulings until societal changes prompted a shift in interpretation. The evolution of common law has been a dynamic process, adapting to societal changes and contributing to the development of the legal systems in the United States and Commonwealth countries.
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Frequently asked questions
Common law is a body of unwritten laws based on legal precedents established by the courts. It is deeply rooted in stare decisis, which means "to stand by things decided".
Common law originated in England in the early Middle Ages in the King's Court (Curia Regis). It was initially based on procedural remedies rather than substantive rights. Over time, these remedies evolved into the modern system, where rights are seen as primary. The development of common law was influenced by the expansion of royal justice in the late 12th century, which led to the elaboration and standardization of rules.
Common law relies on detailed records of similar situations and statutes as there is no official legal code. Judges play a crucial role in determining which precedents apply to a particular case. It is often contrasted with civil law, which is a comprehensive, codified set of legal statutes created by legislators.
