what is the common law?

[zArk]

Bill Thornton explains in detail

 

http://www.1215.org/lawnotes/lawnotes/lectures/introduction/index.html

 

Common Law Lecture 1

 

the other 2 are at the first link

 

Enjoy.

[zArk]

heres Karl Lentz explaining common law .... its sooooo simple

 

 

[Poul Nelb]

It's a common sense in writ

 

[theo102]

"Reason is the life of the law; nay, the common law itself is nothing else but reason... The law, which is perfection of reason." ~ Coke

[zArk]

not quite true, it is a system of law based upon previously established decisions of a group

 

reason suggests logic, fairness, balance

 

whereas established decisions can be illogical, unfair and biased

 

Custom and usage since time immemorial

 

additionally the common law is different for a citizen rather than a sovereign

 

Edited August 13, 2021 by zArk

[theo102]

And indeed our antiquaries and early historians do all positively assure us, that our body of laws is of this compounded nature. For they tell us, that in the time of Alfred, the local customs of the several provinces of the kingdom were grown so various, that he found it expedient to compile his dome-book, or liber judicialis, for the general use of the whole kingdom. This book is said to have been extant so late as the reign of king Edward the fourth, but is now unfortunately lost. It contained, we may probably suppose, the principal maxims of the common law, the penalties for misdemeanors, and the forms of judicial proceedings. Thus much may at least be collected from that injunction to observe it, which we find in the laws of king Edward the elder, the son of Alfred.5 "Omnibus qui reipublicae praesunt etiam atque etiam mando, ut omnibus aequos se praebeant judices, perinde ac in judiciali libro (Saxonice, dom-bec) scriptum habeter: nec quicquam formident quin jus commune (Saxonice, folcnihte) audacter libereque dicant." ["To all who preside over the republic my positive and repeated injunction is, that they conduct themselves towards all as just judges, as it is written in the dome-book, and without fear boldly and freely to declare the common law."]

 

INTRODUCTION, SECTION 3: Of the Laws of England