LAW woodcut
Common Law

     Common Law is a system of law in place in England and its colonies. Common Law—law common to all England—was based on the principle that the rulings made by the King's courts were made according to the common custom of the realm, as opposed to decisions made in local and manorial courts which judged by provincial laws and customs. The crafting of English Common Law was begun in the reign of Henry II, who had foreign legal learning and instituted legal reform in England. The royal judges of Henry II, and of succeeding reigns, evolved the Common Law from the procedure of the King's central courts—the Court of King's Bench, the Exchequer, and the Court of Common Pleas.
     Common Law is also understood to be “law by precedent”, distinguished from statutory law, i.e., parliamentary legislation to which Common Law is complementary.





Article Citation:

Jokinen, Anniina. “Common Law.” Luminarium.
             13 Apr 2009. [Date when you accessed the page].
             <https://www.luminarium.org/encyclopedia/commonlaw.htm>



Books for further study:

Maitland, Frederic William. English Law and the Renaissance.
          Cambridge: University Press, 1901.
          (Repr. The Lawbook Exchange, Ltd., 2000)

Potter, Harold. An Historical Introduction to English Law and Its Institutions.
          London : Sweet & Maxwell, 1932. (4th ed. 1958)

Van Caenegem, R. C. The Birth of the English Common Law.
           Cambridge: University Press, 1973. (Repr. 1988)



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This page created by Anniina Jokinen on March 8, 2002. Last updated May 1, 2023.