The Essence of Common Law: Its Impact and Ongoing Relevance
Common law is a body of unwritten laws based on legal precedents established by the courts. It influences decision-making in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law. Originally evolved from British tradition, common law practices have spread across several countries, including Australia, Canada, Hong Kong, India, New Zealand, and the United Kingdom.
Key Takeaways:
- Common law, also known as case law, thrives on institutionalized opinions and interpretations from judicial authorities and public juries.
- Sometimes, common law serves as the catalyst for new legislation.
Understanding Common Law
A precedent, known as [stare decisis], forms the historical basis of evaluation for future judicial decisions. Unlike a civil or statutory system that latches onto specific codes, common law is reliant on detailed records of similar situations to guide judicial pronouncements. Judges determine which precedents are applicable to a particular case. Higher court decisions are binding on lower courts, fostering stability and consistency. Nonetheless, lower courts occasionally deviate from outdated precedents or distinguish cases vastly different from past decisions.
Common Law vs. Civil Law
Civil law comprises codified legal statutes created by legislators, specifying cases that can be brought to court, handling procedures, and sanctions for offenses. Aiming to curb bias, civil codes ensure standardized law application. Conversely, common law relies on longstanding opinions and jury interpretations with consistent pharmacodes applied across similar cases, albeit with some variability between districts.
Common Law Marriage
A common law marriage, also termed a non-ceremonial marriage, permits couples to attain marital status without formal registration. While several U.S. states including Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, and Texas, affirm common law marriage under specific criteria, some states like Alabama have recently abolished such statutes.
Special Considerations
Judges significantly shape the jury’s interpretation by presenting relevant precedents. Despite promoting stability, historically-biased decisions persist until societal changes call for reinterpretations. For example, biased precedents from the 19th and early 20th centuries made it arduous for feminists to secure favorable rulings in divorce and child custody issues.
Example of Common Law
Common law has occasionally laid the groundwork for new legislation. A fitting example is the U.K.’s historical offense of “outraging public decency,” recently utilized to combat upskirting. By February 2019, the U.K. Parliament passed the Voyeurism (Offences) Act, criminalizing upskirting and penalizing violators up to two years in prison alongside potentially being placed on the sex offenders register.
Common Law FAQs
- What is a simple definition of common law? Common law constitutes a body of unwritten laws furthered by judicial precedents.
- Is common law still used today? Yes, the U.S. uses a dual system incorporating both common and civil law.
- What is an example of common law? Common-law marriage is an instance where couples gain similar rights as legally married couples under specified conditions.
- Why is common law important? By emphasizing precedent, common law adapts to unforeseen societal shifts, filling the gaps statutory law may leave.
- What is UK common law? Rooted in medieval England, common law holds significance in both the U.S. and U.K. which operate under systems involving both common and civil law.
The Bottom Line
Derived from medieval England, common law remains a vital operative system in the U.S. and other regions. As technology shapes new dimensions of life, the inherent adaptability of common law is poised to provide essential flexibility in judicial rulings.
Related Terms: Stare Decisis, Civil Law, Statutory Law, Judicial Precedent, Unwritten Laws.
References
- Britannica. “Common Law”.
- University of California, Berkeley. “The Common Law and Civil Law Traditions”, Page 1.
- World Population Review. “Common Law Marriage States 2022”.
- Legislation.gov.uk. “Voyeurism (Offences) Act 2019”.
