What is Common Law?
Common Law
The concept of common law is a legal system that mainly focuses on judges’ previous rulings as a way of making decisions rather than focusing on the written word. Common law is based on the idea that it is unfair to treat similar acts differently on different occasions. Common law places great value on reasoning and principles and as a result, judicial rulings become extremely important because they will help to shape the future of the law. Common law decisions have been made in all areas of the law including dividing retirement assets in divorce. Oftentimes common law systems are seen as being more complicated because decisions are made on a large body of continuously evolving judicial thought. In many ways common law systems tend to keep up with modern thought better than other systems because decisions are always being made which shape and help the laws to evolve over time rather than just always going back to some old book where all the laws were written down a few thousand years ago.
Common law originated in England in the middle ages. Its origins stem to the unwritten laws that were based on usage and less on a formal written code. Much of the world’s population lives under some form of a common law system, around 2.3 billion. Since this form of rule originated in England it’s not surprising that many countries that trace their history back to England still have some form of common law being practiced. Some of these countries include the United States, India, Australia, and New Zealand.
Making laws in the judicial branch
One feature of common law is that the judicial branch has traditionally had the ability to make laws where no laws exist. This means that when an unprecedented situation arises, rather than take an enormous amount of time to debate it, draft a bill, and vote on it in the legislative branch, the courts will just make a decision based largely on how similar events in the past were treated. This is particularly useful in the modern era new issues, largely driven by the Internet, pop up with increasing speed and frequency. This concept of interpreting past decisions into new laws is called codification. When doing this, judges often express their opinions in writing, which is then review the next time similar issues come up. These interpretations that become the law of the land typically are only valid inside of the jurisdiction from which they came. Other common law jurisdictions can make their own laws.
Common law in the United States
In the United States, all of the states follow some version of common law except for Louisiana. The law in Louisiana is based on the Napoleonic code, which is a different system for rule. This comes from the heavy influence of the French culture in Louisiana. Common law in England dates back to the middle ages, when it was created as a system based largely on practice of laws and less on written codes. Sir William Blackstone, an early colonial judge, is largely credited for bringing the common law system to the new world, mainly through his writing including his largest work, “Commentaries on the Laws of England.”
Most states follow the English system of common law very closely. The original English system set up three courts to override and supervise the rulings of lower courts much like the modern system of appellate courts. In some states regulatory statutes have been created to guide and shape the common law practice while others simply use the original form without any modern influence. This is common in states that are former British colonies.
Common law originated in England in the middle ages. Its origins stem to the unwritten laws that were based on usage and less on a formal written code. Much of the world’s population lives under some form of a common law system, around 2.3 billion. Since this form of rule originated in England it’s not surprising that many countries that trace their history back to England still have some form of common law being practiced. Some of these countries include the United States, India, Australia, and New Zealand.
Making laws in the judicial branch
One feature of common law is that the judicial branch has traditionally had the ability to make laws where no laws exist. This means that when an unprecedented situation arises, rather than take an enormous amount of time to debate it, draft a bill, and vote on it in the legislative branch, the courts will just make a decision based largely on how similar events in the past were treated. This is particularly useful in the modern era new issues, largely driven by the Internet, pop up with increasing speed and frequency. This concept of interpreting past decisions into new laws is called codification. When doing this, judges often express their opinions in writing, which is then review the next time similar issues come up. These interpretations that become the law of the land typically are only valid inside of the jurisdiction from which they came. Other common law jurisdictions can make their own laws.
Common law in the United States
In the United States, all of the states follow some version of common law except for Louisiana. The law in Louisiana is based on the Napoleonic code, which is a different system for rule. This comes from the heavy influence of the French culture in Louisiana. Common law in England dates back to the middle ages, when it was created as a system based largely on practice of laws and less on written codes. Sir William Blackstone, an early colonial judge, is largely credited for bringing the common law system to the new world, mainly through his writing including his largest work, “Commentaries on the Laws of England.”
Most states follow the English system of common law very closely. The original English system set up three courts to override and supervise the rulings of lower courts much like the modern system of appellate courts. In some states regulatory statutes have been created to guide and shape the common law practice while others simply use the original form without any modern influence. This is common in states that are former British colonies.