Cecily Zamora
English common law, which originated in the early Middle Ages, is the common law legal system of England and Wales. It is a basic component of the common law adopted by the courts in the U.S. and is considered the archetypal common law jurisdiction. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries following the Norman Conquest in 1066.
| Characteristics | Values |
|---|---|
| Time period | The Middle Ages |
| Initiation | The Norman Conquest in 1066 |
| Initiator | William the Conqueror and his successors |
| Reason | To unify the Anglo-Saxon population |
| Type of law | Customary law |
| Basis | Judicial decisions |
| Influence | English legal system |
| Influence on | The legal systems of the United States, most Commonwealth countries, and Ghana |
| Focus | Case precedents |
| Ruling basis | Previous cases |
| Applicability | All subjects of the king, regardless of social class |
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What You'll Learn
The Norman Conquest
William's claim to the English throne was based on his familial ties with the childless Anglo-Saxon king, Edward the Confessor. When Edward died in January 1066, he was succeeded by his brother-in-law, Harold Godwinson. William gathered an army of about 5,000 knights and landed in England on September 28, 1066. The Norman and Anglo-Saxon armies clashed near the town of Hastings on October 14, resulting in a decisive victory for William. Harold's forces were no match for William's knights on horseback.
The Conquest also impacted the legal system, with the Anglo-Norman legal system superseding Anglo-Saxon law in England. This new legal system, known as common law, became common to all the king's courts across England and established a unified legal framework, gradually replacing local folk courts and manorial courts.
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Anglo-Norman legal system
The Anglo-Norman legal system refers to the legal system that superseded Anglo-Saxon law in England following the Norman Conquest in 1066. The conquest marked the end of the Anglo-Saxon period, during which the legal system was made up of laws and collections promulgated by the king, authoritative statements of custom, and private compilations of legal rules and enactments. The primary emphasis of Anglo-Saxon law was on criminal law rather than private law, and it was largely based on unwritten customs.
The Norman Conquest established a unified legal system, gradually supplanting the local folk courts and manorial courts that had existed prior to the conquest. The new Anglo-Norman legal system was common to all the king's courts across England and was deeply rooted in stare decisis, or "to stand by things decided", where courts follow precedents established by previous decisions. This system, known as common law, originated in the practices of the courts of the English kings in the centuries following the Norman Conquest.
Norman customary law, which developed between the 10th and 13th centuries, was influenced by a mix of Frankish, Viking, and Scandinavian customs. It was first written down in two Latin texts by judges for use in the Duchy of Normandy and its Channel Islands, which remained under the rule of the King of England even after the French conquest of the duchy in 1204.
The Anglo-Norman legal system formed the foundation of English law and was later exported to Wales, Ireland, and overseas colonies, influencing the legal systems of these regions. Over time, English law evolved through judge-made laws and precedents created in the proceedings of Royal justices in the Circuit courts. Today, English law is considered the archetypal common law jurisdiction, built upon case law.
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Precedent
Common law, which originated in the practices of the courts of the English kings following the Norman Conquest in 1066, is deeply rooted in the principle of stare decisis ("to stand by things decided"). This principle requires courts to adhere to precedents established by previous decisions. In other words, when a similar case has already been resolved, courts typically align their reasoning with the precedent set in that previous decision. This encourages uniformity and flexibility in the law, as judges may either follow the precedent or distinguish the current case from the previous one.
The common law system, which gives significant weight to judicial precedent, is in contrast to civil law systems, which are based on comprehensive legal codes that give judges less discretion in deciding cases. Common law, as a system of judge-made law, was the foundation of English law before statutory legislation became the most authoritative source.
The development of common law in England can be traced back to the early Middle Ages, when it originated in the King's Court. This law, common to all the king's courts across England, gradually supplanted the local folk courts and manorial courts. It was influenced by the legal traditions of the Germanic Angle and Saxon tribes, as well as Roman Law, which had migrated to England before the introduction of Christianity.
The influence of English common law extended beyond England, particularly to its colonies, including the United States. While the common law system was adopted by the American colonists, the U.S. courts are not bound by English common law decisions and may refer to the decisions of other states within the Union.
In the context of English law, "common law" specifically refers to the judge-made law of the King's Bench, while equity is the judge-made law of the now-defunct Court of Chancery. Equity deals primarily with trusts and equitable remedies, operating according to the "maxims of equity".
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Statutory legislation
The English common law, which emerged in the late 1100s, was largely created in the period after the Norman Conquest of 1066. It was influenced by the Anglo-Saxons, especially after the accession of Alfred the Great in 871, who had developed a body of rules resembling those used by the Germanic peoples of northern Europe. The common law was also influenced by Roman law, which supplied a method of reasoning upon legal matters and a technical language to describe precise rules.
The common law is deeply rooted in stare decisis, meaning "to stand by things decided", where courts follow precedents established by previous decisions. This body of customary law is based on judicial decisions and embodied in reports of decided cases. It is administered by the common-law courts of England and has been since the Middle Ages.
The common law was first referred to as such because it was common to all the king's courts across England. It established a unified legal system, gradually replacing local folk and manorial courts. The expanded system of royal justice emphasised written documentation, peaceful dispute resolution, the use of local juries, and a clear hierarchy of courts.
The reign of Henry II, the first Plantagenet king, saw many legal reforms, including the consolidation of the courts in England and the introduction of jury trials. Henry II also expanded the use of travelling judges and introduced writs, which were orders compelling legal action regarding property and criminal cases. The first treatise on English common law, Tractatus de Legibus et Consuetudinibus Regni Angliae (A Treatise on the Laws and Customs of the Kingdom of England), was written between 1187 and 1189 by Ranulf Glanvil, a prominent lawyer and advisor to King Henry II.
The evolution of common law saw significant contributions from subsequent monarchs, especially Edward I, who, by regularly calling Parliament and systematically enforcing the common law, moved England towards the realisation of a "community of the realm". This marked the emergence of England's first distinct legislative institution, with common law preceding statutory law by about a century.
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Influence on American common law
The origins of English common law can be traced back to a diverse range of influences, including Anglo-Saxon customs, the Norman conquest, and the development of the Magna Carta. This rich history laid the foundation for legal principles that would later shape common law in England and beyond. Now, let's discuss the influence on American common law:
The influence of English common law on the American legal system is profound and pervasive. It has shaped the foundation of American law and continues to inform legal principles and practices in the United States. The early American legal system adopted and built upon English common law, creating a unique blend of legal traditions that reflect the values and needs of American society.
One of the key influences of English common law on American jurisprudence is the concept of stare decisis, which translates to "let the decision stand." This principle gives consistency and predictability to the law by requiring courts to follow precedent and adhere to previous decisions in similar cases. Stare decisis promotes stability and ensures that similar disputes are resolved in a similar manner, providing clarity and fairness in the application of the law.
Another significant impact of English common law on American legal thought is the development of a robust system of property rights. The common law concept of private property and the ability to acquire, transfer, and protect property rights have been integral to the American economic system. The common law recognized various types of property, including real property (land) and personal property (tangible and intangible assets), and established rules for ownership, possession, and transfer of these rights.
In addition, English common law influenced the establishment of contract law in America. Contract law provides a framework for enforcing agreements and resolving disputes between parties. The common law tradition recognizes the freedom of individuals to enter into contracts and establishes legal remedies for breach of contract, promoting stability and predictability in commercial transactions.
The influence of English common law can also be seen in the American criminal justice system. The common law defined crimes and established the principle of "innocent until proven guilty," which is a cornerstone of American criminal procedure. The burden of proof lies with the prosecution, and defendants are afforded certain rights and protections, such as the right to a trial by jury and the right to counsel.
Furthermore, English common law played a significant role in shaping tort law in the United States. Tort law addresses civil wrongs, such as negligence, defamation, and trespass, and provides remedies for harm caused by one party to another. The common law developed various tort causes of action and defenses, which have been refined and adapted to fit the needs and values of American society.
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Frequently asked questions
English common law was started by the courts of the English kings in the centuries following the Norman Conquest in 1066.
English common law was created to establish a unified legal system across England, replacing local folk courts and manorial courts.
English common law was spread across the British Isles, first to Wales, then to Ireland and overseas colonies. This was continued by the later British Empire.
