Common law, by definition, is law that is derived from historical legal decisions and precedents rather than from legislature or statutes. This type of law has been used for centuries, and is still in use today in some form or another in many countries around the world. In many instances, the common law has been used to supplement or even supersede statutory law resulting in a hybrid system of modern legal principles.
The Common Law System – Brought to Life Through Judicial Precedent and Principles
The common law system is largely based on judicial precedent and principles. This means that when a court decides on a case, the decision – based on the issue before the court – becomes a “precedent” for future cases that involve similar legal issues. As such, the common law system enables courts to interpret and apply the law as it presently exists, without the need for a statute. This means that the common law can evolve or change over time in response to changing social and economic events.
Common Law in Practice: An Updated Look at its Current Uses
Common law is still in use today in many different legal contexts. In the United States, the federal government, state governments, and most municipalities partially rely on common law for certain areas of the law (such as contracts, torts, property, and criminal law). Additionally, common law is still in force in many of the former English colonies where it was first established and English common law is often cited as persuasive authority in most other jurisdictions worldwide.
Common law is an essential source of law for many countries and has been used to create and shape important legal principles on all sides of the world. Through its very nature of evolving with new decisions, it can continue to represent the various new perspectives of our ever-changing times. As technology and society constantly evolve, so too does the common law, allowing for the law to remain modern and fair.