Wednesday, February 21, 2018

Elaborate on the legal history of common law?

Common law is a collective English legal tradition, comprised of hundreds of years's worth of decisions handed down by judges. The origins of the common law are sometimes said to be "immemorial," that is, it goes so far back in British history that it cannot be determined.
That said, most cases at common law cite precedents that occurred later than the Norman Conquest. It was really during the Age of Enlightenment, in particular the eighteenth century, that attempts were made by jurists (most notably William Blackstone) to compile the common law into a usable legal system, one that provided clear precedents and legal definitions. This change was itself a response to the advent of capitalism and the need for clear laws related to the transfer of land and other forms of property.
One thing that is especially significant about common law is that it became the basis for law in the American Colonies. Even after the American Revolution, most legislatures passed laws stating that common law prevailed except when, or until, they passed laws overturning them. Many aspects of American law were thus actually founded on the common law.
https://www.radford.edu/~junnever/law/commonlaw.htm

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