Common law is a system of law that is based on judicial decisions and precedents rather than on written laws. It is a legal system that originated in England and has since been adopted in many countries around the world, including the United States and Canada.
The development of common law can be traced back to medieval England, where it evolved as a response to the inadequacies of the existing legal system. Prior to the development of common law, the law in England was based on the feudal system, where different laws applied to different classes of people. This led to a lack of consistency and fairness in the legal system.
The development of common law began in the 11th century with the establishment of royal courts, which were responsible for resolving disputes between individuals. Initially, the judges in these courts relied on local customs and traditions to make their decisions. However, as the number of cases increased, the judges began to rely more on previous decisions to guide their rulings. This led to the development of the doctrine of precedent, which is a fundamental principle of common law.
Under the doctrine of precedent, a decision made in a previous case is binding on all lower courts in the same jurisdiction. This means that judges must follow the decisions of higher courts, and that the law is applied consistently across different cases. Over time, the body of common law grew as more cases were decided, and the principles of common law became more established.
One of the key advantages of common law is its flexibility. Because it is based on judicial decisions rather than on written laws, it can adapt to changing circumstances and evolving social values. This allows common law to remain relevant and effective in a rapidly changing world.
In conclusion, the concept of common law refers to a legal system that is based on judicial decisions and precedents rather than on written laws. It developed in response to the inadequacies of the existing legal system in medieval England and has since become a fundamental part of the legal systems in many countries around the world. Its development was marked by the establishment of royal courts and the evolution of the doctrine of precedent. The key advantage of common law is its flexibility, which allows it to adapt to changing circumstances and evolving social values.