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This document outlines the history and development of common law, tracing its origins from tribal customs in England to its establishment as a formal legal system post-Norman Conquest. It highlights key milestones such as the Magna Carta and the Bill of Rights, which shaped governance and justice, and discusses the adaptability of common law in modern times. The paper emphasizes the role of judicial decisions in creating legal precedents that continue to influence legal systems globally.

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Manisha Panday
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5 views3 pages

Term

This document outlines the history and development of common law, tracing its origins from tribal customs in England to its establishment as a formal legal system post-Norman Conquest. It highlights key milestones such as the Magna Carta and the Bill of Rights, which shaped governance and justice, and discusses the adaptability of common law in modern times. The paper emphasizes the role of judicial decisions in creating legal precedents that continue to influence legal systems globally.

Uploaded by

Manisha Panday
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1.

Introduction

Common law plays a huge role in shaping the legal systems we have today. This
paper contains the history of common law, showing how it evolved over centuries
into the system we know now. The term "common law" has its roots in the Latin
phrase "commune ley," which basically means the law that comes from customs
shared by the community. Unlike laws that are written down in books by
legislators, common law is made by judges through their decisions in court cases.
Over time, these decisions create legal precedents that other courts follow. The
story of common law begins with a mix of local customs and royal edicts. Back in
the day, there wasn’t a unified legal system different regions followed their own
traditions, often influenced by Germanic tribes.This lack of uniformity meant that
justice was more about tradition and the decisions of tribal leaders than about a
consistent set of rules.

Common law is also known as the English law,Anglo American and British law.It
developed in England around 11th century and started to dominate in the world.In
the countries like ; USA, Canada, Australia, Newzealand,Malaysia and other
countries of the British commonwealth followed nations.It tends to be case
centered , allowing scope for a discretionary, ad hoc, pragmatic approach to the
particular problems that appear before the court.Its fundamental basis was customs,
general practices of the society.Only in the 17th century did common law triumph
over the other laws like Canon law, urban and rural law etc.

According to David&Briely," Common legal system is a law made


by courts".
According to Justice Holmes, " Common law is made by Judges".

Before 1066 the english legal system involved a mass of oral customary rules
which varied according to region. Each country had its own justice in accordance
with local customs that varied from community to community and were enforced
in often arbitrary fashion. Common law originated in England in the
12th century and is based on the concept of Stare Decisis which
is the idea that in an equal and fair society, similar cases should
have similar outcomes. Common law is the body of law created by
judges and similar quasi-judicial tribunals by virtue of being
stated in written opinions. The defining characteristic of common
law is that it arises as precedent.
2. Development of Common legal System

The Anglo-Saxon Period (Before 1066)Before the Norman Conquest, the


legal system was heavily based on customs passed down through generations.
Laws weren’t written down; they were part of the community’s traditions.Kings
would make laws, but their power was limited, and much of the legal authority
lay in the hands of local tribal leaders.The influence of Christianity began to
spread during this time, bringing some changes to the way laws were thought
about and practiced.

2. The Norman Conquest and the Birth of Common Law (1066-1485)The


Norman Conquest in 1066 was a turning point. The new rulers introduced
the feudal system and started to create a more organized legal structure.One
of the key developments was the Domesday Book, a survey of land and
property commissioned by King William for tax purposes.The King’s Court
(Curia Regis) became the central place for legal decisions, and reforms like
the Assize of Clarendon under Henry II laid the groundwork for a more
unified system of justice.Henry II also started the tradition of writs—orders
from the king to courts—which became a crucial part of common law.By the
time of Edward I, the Model Parliament was formed in 1295, further
institutionalizing the legal system.
3. The Role of Key Legal DocumentsSeveral important documents shaped the
evolution of common law:
4. The Magna Carta (1215) is often seen as the first step towards constitutional
law, setting limits on the king’s power.The Bill of Rights (1689) played a
crucial role in establishing the supremacy of Parliament over the
monarchy.The US Constitution (1787) took many ideas from these earlier
documents and adapted them for a new nation, influencing common law
around the world.These documents weren’t just rules—they were milestones
that reflected the changing ideas about governance and justice.
5. How Legal Cases Shaped the LawOne of the most famous cases in legal
history, Marbury v. Madison (1803), established the principle of judicial
review, giving courts the power to decide whether laws are
constitutional.This case, along with others, shows how judges’ decisions
have shaped and refined common law over time.
6. Common Law in the Modern EraAs the world changed in the 19th and
20th centuries, so did common law. Legislators began codifying laws—
writing them down and organizing them into statutes—while courts
continued to interpret these laws through the lens of common law
traditions.Common law has proven remarkably adaptable, evolving
alongside society’s needs and challenges, yet retaining its foundational
principles.
7. ConclusionIn wrapping up, we’ll reflect on how common law has traveled
through time—from its early days of tribal customs to its modern form—and
how it continues to influence legal systems worldwide.The journey of
common law is a testament to its resilience and relevance, proving that even
ancient principles can remain vital in today’s complex world.

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