Cecily Zamora
King Henry II is known as the 'Father of the Common Law'. He was the first Plantagenet king and is credited with institutionalising common law, creating a unified system of law for the country. Henry II developed the practice of sending judges from his Curia Regis to hear disputes throughout the country, who would then return to London to discuss their cases and decisions with the other judges. These decisions were recorded and filed, and over time, a rule known as stare decisis (precedent) developed, whereby a judge would be bound to follow the decision of an earlier judge.
| Characteristics | Values |
|---|---|
| Name | Henry II |
| Title | Plantagenet king |
| Achievements | Institutionalized common law, created a unified system of law common to the country |
| Actions | Sent judges from his Curia Regis to hear disputes throughout the country |
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What You'll Learn
Henry II is known as the 'Father of Common Law'
King Henry II is known as the "Father of Common Law". In 1154, he became the first Plantagenet king of England. During his reign, he institutionalised common law, creating a unified system of law across the country.
Common law, also known as judicial precedent, judge-made law, or case law, is the body of law developed through judicial decisions rather than statutes. It originated in the practices of the courts of English kings in the centuries following the Norman Conquest of 1066. The Anglo-Saxons, especially after the accession of Alfred the Great in 871, had a body of rules resembling those used by the Germanic peoples of northern Europe. Local customs governed most matters, and the church played a large part in government.
Henry II developed the practice of sending judges from his Curia Regis (the King's Court) to hear disputes throughout the country. Around 20 to 30 judges would travel to different parts of England, resolving disputes on an ad hoc basis according to their interpretation of local customs. These judges would then return to London and discuss their cases and decisions with the other judges. Over time, a rule known as stare decisis or precedent developed, whereby a judge would be bound to follow the decision of an earlier judge if the two cases had similar facts. This helped to create a unified system of law across the country, ending local control and eliminating arbitrary remedies.
Henry II's institutionalisation of common law had a significant impact on the legal system, not only in England but also in other countries influenced by English common law, such as the United States and the member states of the Commonwealth. The term judge-made law was later introduced by Jeremy Bentham as a criticism of the legal profession's pretence of merely reaffirming pre-existing customs without making new laws. However, writers such as A. V. Dicey, William Markby, and Oliver Wendell Holmes eventually adopted the modern definition of common law as "case law".
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Common law is deeply rooted in stare decisis
Henry II, the first Plantagenet king, is known as the "Father of the Common Law". In 1154, he institutionalised common law by creating a unified system of law common to the country. He did this by incorporating and elevating local custom to the national level, ending local control and eliminating arbitrary remedies.
Common law, also known as judicial precedent, judge-made law, or case law, is deeply rooted in stare decisis, which means "to stand by things decided" in Latin. Stare decisis is the doctrine that courts will adhere to precedent in making their decisions. It assures that the law won't change randomly and allows society to assume that fundamental beliefs are based on the law rather than on people's preferences. It also increases reliance on judicial decisions and adds to the integrity of the judicial process.
The doctrine of precedent developed during the 12th and 13th centuries as collective judicial decisions based on tradition, custom, and precedent. The common law, as applied in civil cases, was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence, and as a way of developing the body of law recognising and regulating contracts. The type of procedure practised in common law courts is known as the adversarial system, which is also a development of common law.
In the 1180s, Henry II developed the practice of sending judges from his Curia Regis to hear disputes throughout the country and resolve them based on their interpretation of customs. Upon returning to London, these judges would discuss their cases and decisions with other judges, and these decisions would be recorded and filed. Over time, the rule of stare decisis developed, whereby a judge would be bound to follow the decision of an earlier judge if the two cases had similar facts.
Common law jurisdictions rely on stare decisis to prevent the need for subsequent litigation, saving time and energy. It also prevents bias and arbitrary decision-making by requiring judges to follow existing precedents. Stare decisis operates both horizontally and vertically. Horizontal stare decisis refers to a court adhering to its own precedent, while vertical stare decisis refers to a court applying precedent from a higher court.
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It originated in the King's Court (Curia Regis)
The common law, also known as judicial precedent, judge-made law, or case law, is the body of law primarily developed through judicial decisions rather than statutes. It originated in the King's Court (Curia Regis), a single royal court set up for most of the country at Westminster, near London, in the early Middle Ages. The common law of England was largely created in the period after the Norman Conquest of 1066. The Anglo-Saxons, especially after the accession of Alfred the Great in 871, had developed a body of rules resembling those used by the Germanic peoples of northern Europe. Local customs governed most matters, while the church played a large role in government.
The Norman Conquest did not bring an immediate end to Anglo-Saxon law, but colonial rule by the mainly Norman conquerors produced change. Land was allocated to the king's feudal vassals, many of whom had joined the conquest with this reward in mind. Serious wrongs were regarded mainly as public crimes rather than personal matters, and the perpetrators were punished by death and forfeiture of property. Crimes were treated as wrongs for which compensation was made to the victim. In the centuries following the Norman Conquest, the common law originated in the practices of the courts of the English kings.
In 1154, Henry II became the first Plantagenet king. Henry II is considered the "Father of the Common Law" due to his institutionalization of the common law. He created a unified system of law "common" to the country by incorporating and elevating local customs to the national level, ending local control and eliminating arbitrary remedies. Henry II also developed the practice of sending judges from his Curia Regis to hear disputes throughout the country and return to the court. These itinerant justices would generally receive a writ or commission under the great seal, resolve disputes on an ad hoc basis according to their interpretation of customs, and then return to London to discuss their cases and decisions with the other judges.
The tribunal that Henry II appointed was called the Curia Regis, or King's Court, and from it came the three royal common-law courts. The first offshoot was the Exchequer, which originally collected taxes and administered the king's finances but by 1250 was exercising full powers as a court. The second offshoot was the Court of Common Pleas, established by Henry II to hear cases not involving the king's rights. The remaining part of the Curia Regis reviewed the decisions of the Common Pleas by issuing writs of error.
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It was developed through judicial decisions
The English common law, also known as judicial precedent, judge-made law, or case law, was developed through judicial decisions and not statutes or constitutions. 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, so named because it was common to all the king's courts across England, was deeply rooted in stare decisis ("to stand by things decided"), where courts follow precedents established by previous decisions. The doctrine of precedent developed during the 12th and 13th centuries, as the collective judicial decisions were based on tradition, custom, and precedent.
Henry II, often regarded as the "Father of the Common Law", institutionalised common law by creating a unified system of law common to the country. He sent around 20-30 judges from his Curia Regis to hear disputes throughout the country and resolve them based on their interpretation of the customs. These decisions were recorded and filed, and over time, the rule of stare decisis developed, requiring judges to follow the decisions of earlier judges in similar cases.
The form of reasoning used in common law is known as casuistry or case-based reasoning. It is based on the idea of compensating someone for wrongful acts, known as torts, and developing the body of law recognising and regulating contracts. Common law is now found in the United States and most member states of the Commonwealth, evolving into a legal system that stands in contrast to civil law widespread in continental Europe.
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Common law is also known as 'judge-made law'
The English common law, which originated in the early Middle Ages in the King's Court, is also known as judge-made law. It is deeply rooted in stare decisis, which means "to stand by things decided". This means that judges are bound by the decisions of previous judges in similar cases. This is known as the doctrine of precedent, which developed during the 12th and 13th centuries. The doctrine of precedent is based on tradition, custom, and previous rulings.
In the 1180s, Henry II developed the practice of sending judges from his Curia Regis to hear disputes throughout the country. These judges would resolve disputes based on their interpretation of customs and then return to London to discuss their cases and decisions with other judges. Over time, the rule of stare decisis developed, and judges became bound to follow the decisions of earlier judges if the two cases had similar facts. This replaced the pre-Norman system of local customs and varying local laws with a unified system of law common throughout the country, hence the name "common law".
Common law is primarily developed through judicial decisions rather than statutes. It is based on precedent, or rulings made in previous similar cases. The presiding judge determines which precedents to apply when deciding a new case. In a "case of first impression", where there is no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish a new precedent.
The term "judge-made law" was introduced by Jeremy Bentham as a criticism of the legal profession's pretenses. Many notable writers, including A. V. Dicey, Oliver Wendell Holmes, and Ezra Ripley Thayer, eventually adopted the modern definition of common law as "case law" or ratio decidendi, which serves as binding precedent. Judge-made common law operated as the primary source of law for several hundred years before Parliament acquired legislative powers to create statutory law.
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Frequently asked questions
King Henry II.
Henry II institutionalised common law by creating a unified system of law that was "common" to the country.
Henry II sent around 20 to 30 judges from his Curia Regis to hear disputes throughout the country. The judges would resolve disputes based on their interpretation of the customs.
Common law is the body of law derived from judicial decisions, rather than from statutes or constitutions.
An example of common law is the adversarial system, which is the type of procedure practised in common-law courts.
