In this article you will learn about Common Law in Legal Studies.
Common Law
Common law is a body of unwritten laws based on judicial precedents established by the courts. It is the legal system which is based on legal precedents and decisions rather than written laws. It originated in the early Middle Ages in the King’s Court (Curia Regis), a single royal court set up for most of the country at Westminster, near London. It has been adopted in many other countries like Australia, Canada, Hong Kong, India, New Zealand, and the United Kingdom.
The main feature of common law is that it is based on the principle of stare decisis, which means a history of judicial decisions which form the basis of evaluation for future cases and the courts are bound to follow the decisions of higher courts in similar cases. This creates a system of binding precedents, where lower courts are compelled to follow the rules and decisions of higher courts. This helps to ensure consistency and predictability in the law and allows for the gradual evolution of the law over time. Common law relies on detailed records of similar situations and statutes because there is no official legal code that can be applied to a case at hand. This is also known as case law.
Advantages of Common Law
- It is flexible.
- Adaptable to changing circumstances.
- Easily modified to meet the needs of society.
- It allows for the development of specialised legal rules in specific areas of the law.
Disadvantages of Common Law
- It can be time-consuming.
- It is costly to resolve legal disputes under common law.
Additionally, the principle of stare decisis can make it difficult to change or eliminate outdated laws that no longer serve a useful purpose.
The common law system is divided into two main categories:
- Criminal law - deals with acts that are considered to be harmful to society as a whole, such as murder or theft.
- Civil law - deals with disputes between individuals or organisations, such as contract disputes or personal injury lawsuits.
History of common law in India
The common law system is a system of jurisprudence or law based on recorded judicial precedents. It gradually came to India with the invasion of the British East India Company. A charter was given to the company by King George I in 1726 for the establishment of “Mayor’s Courts” in Madras, Bombay and Calcutta. After the victory of the company in Battle of Plassey its judicial functions expanded, and by 1772 company’s courts expanded out from the three major cities. In the process, the existing Mughal legal system in those parts was slowly replaced. After the First War of Independence in 1857, the control of the company territories in India passed to the British Crown. Being part of the empire saw the next big move in the Indian legal system. The highest court of appeal during the British Raj was the Privy Council. The law-lords of the House of Lords passed judgements and cases before the council. The state sued and also was sued in the name of the British sovereign in her capacity as Empress of India. In the earliest coding of law also began with the forming of the first Law Commission.
In legal studies, common law is a central area of focus, as it forms the basis of many legal systems and is commonly used in the resolution of legal disputes. Students of common law will study the historical development of the system, the role of judges in shaping the law, and the application of common law principles in various areas of law, including criminal, tort, and contract law.
In conclusion, common law is a legal system based on prior court decisions and judicial precedents. It is widely used in many countries and is a central area of focus in legal studies. Common law is particularly important in criminal, tort, and contract law, as it provides a framework for resolving legal disputes and adapting to changing circumstances. However, its flexibility can also lead to inconsistencies and difficulties in predicting outcomes.
This article on Common Law in Legal Studies is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.