Introduction
Common law is a legal system based on precedent and customs rather than legislation. It is a system of law that is developed through decisions made by judges in court cases. Common law is practiced in many countries worldwide, including the United States, the United Kingdom, Australia, and Canada.
Origin of Common Law
Common law originated in England during the Middle Ages. It developed as a result of court decisions made by judges in response to individual cases. Over time, these decisions became precedents that were followed in future cases.
Key Characteristics of Common Law
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Precedent: A key feature of common law is the principle of precedent, which means that judges must follow the decisions made in previous cases that are similar in nature.
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Flexibility: Common law is a flexible system that allows judges to interpret the law in a way that is relevant to the specific circumstances of each case.
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Evolution: Common law is constantly evolving as new cases are heard and new precedents are set.
Examples of Common Law
One famous example of common law is the case of Donoghue v Stevenson, which established the principle of negligence in English law. In this case, a woman found a dead snail in her bottle of ginger beer and suffered illness as a result. The court ruled that the manufacturer owed a duty of care to the consumer, setting a precedent for future cases involving negligence.
Case Studies
Case 1: In the United States, the landmark case of Brown v Board of Education challenged the constitutionality of racial segregation in public schools. The Supreme Court’s decision in this case overturned the precedent set by the case of Plessy v Ferguson and led to the desegregation of schools across the country.
Case 2: In Australia, the case of Mabo v Queensland (No 2) recognized the rights of indigenous peoples to their traditional lands. This decision overturned the previous legal doctrine of terra nullius and established a new precedent for indigenous land rights.
Statistics on Common Law
According to a study by the World Bank, common law countries tend to have higher levels of economic development compared to civil law countries. This is attributed to the flexibility and predictability of common law systems, which are seen as more conducive to business and investment.
Conclusion
Common law is a unique legal system that values precedent and judicial interpretation. It is a system that continues to evolve and adapt to the changing needs of society. With its emphasis on flexibility and fairness, common law plays a crucial role in shaping the legal landscape of many countries around the world.
