How Has Common Law Changed Over Time

Nowadays every legal system wants to achieve justice. Different legal traditions in the world have given a different meaning of this concept by following one of the two legal systems: a civil law system and a common law system. The civil law system emerged from Roman law and throughout many centuries has been developed in continental Europe and often is called a “continental legal system”, achieving its prominence through development of aqui communitare in Europe. The common law system emerged in England during the Anglo-Saxon period and was developed by British colonies, reaching its peak in the United Kingdom and the United States of America.

The last primary source of law is Case Law. Case law is laws created from former cases or existing laws (Sources of Law, 2017). Case law is rules created from court decisions. Case law, also be known as precedent or common law, is the body of prior judicial decisions that guide judges deciding issues before them. Depending on the relationship between the deciding court and the precedent, case law may be binding or merely persuasive (U.S. Case Law n.d.). An example of this law would be a civil suit. Case law is rules based on court decisions.

The English law were based on the common law or the case laws which were developed by judges during the course of various court decisions. Common law derived when judges in court applied legal precedent to the various cases before them to come out with judgements.

Common law in Canada is based on precedent, which mean that common law uses previous events or situations to guide court decisions going forward. Precedent is ‘binding on other equal or lower courts in the same jurisdiction as to its conclusion on a point of law, and may also be persuasive to courts in other jurisdictions, in subsequent cases involving sufficiently similar facts’; therefore, common law is not based on interpretation. Common law is created from precedent alone. Common law is used in areas like contract law, tort law, and property law. There may be written statutes in these areas of law; more often than not, the judge’s decision is based on precedent rather than a statute.

Common law is the system of laws, which originated and were developed in England, that are “based on court decisions, on the doctrines implicit in those decisions, and on customs and usages rather than on codified written laws” (Melvin, 2011). In other words, common law is law that is made by judges not by the legislature. It is law that is based on court precedent and it evolves over time. Statutory law, which is also referred to as statute law “is written law established by enactments

Common law is formed on the basis that courts will make decisions based on past judgments (Letwin, 2011). Cases with similar circumstances will be ruled in the saw way. In most cases the common law will combine with statutory and constitutional law in order to make decisions. Common law bases on the fact that court cases will be primarily ruled on precedent (Aspen Publishers, 2010). The common law is crucial to understanding almost all important

Under the Civil Law system, the laws are written and codified that the judges have to follow verbatium. Whereas, under the common law system that is followed by Australia, India and the United Kingdom, the laws are codified, doctrine of precedents is followed but the higher courts have the power to over-rule old judgements and existing law in cases where the law breaches the basic structure. (Peterson)

Common law became into effect after the Norman Conquest (A.D. 1066) consolidated their hold on newly won territory. One way was to take control over the legal/court systems. When this happen

The first set of laws that were recorded were from ancient Babylon by the King, at the time, Hammurabi (1795 - 1750 BCE). These laws were written because the laws became more complex and more abundant over time. Finally choosing to write them down, Hammurabi and his people had some unorthodox feelings towards those who disobeyed the law. The large differences between then and now prove that society has evolved and beliefs have changed drastically from what they once were.

To begin, common law originated in Medieval England in the time of King Henry II. The practice developed sending circuit judges from the King’s central court to travel throughout England to hear the various disputes. The aim of these courts (assizes) was to add consistency and fairness to the legal system. Alongside the traveling courts King Henry also established the jury system. Over time these judges recorded the information of each case they heard as well as the decisions and punishments that were ordered. This is known as case law or common law. This began a justice system that relied on the principle of stare decisis or “to stand by the decision”. This principle developed into the rule of precedent which was used to apply the previous decision to a case with similar circumstance. This system was used throughout the country and thus was known as common law. As the English began colonizing Canada they brought their legal systems with them, which greatly influenced today’s legal system.

When a legislature offers an affirmed legal code, it is then a statutory law. The process of statutory law begins with a proposed bill. Once the bill is passed by congress, it becomes a law. This new statue acts as a primary law and must the followed from then on out. Statutory law differs from common law, which is a law made a judge. "Common law is the system of deciding cases that originated in England and which was latter adopted in the U.S.. Common law is based on precedent instead of statutory laws" (Common Law & Legal Definition). Most common laws are now statues. Stare decisis or 'let the decision stand' is the root of common law. If a court has made its decision on particular case the same ruling will be applied to any similar case that follows. Stare decisis is important because it allows predictability to law. This way, things stay the same, and laws can be more easily applied in cases. However, because new problems are constantly arising, it is also important that the law remain flexible (Beatty, Samuelson, Bredeson 66).

Throughout history there have been many laws put in place to ensure order and safety within different societies. The first set of written laws originated in Mesopotamia in approximately 1754 BC, called the Code of Hammurabi. “Code of Hammurabi” is considered to be one of the most valuable finds in human history. The code is actually used for the basis of our country's modern-day justice system. It is perceived to be the first advanced set of recorded laws put into a single, logical text. The “Code of Hammurabi” was years ahead of its time; written by King Hammurabi in 1754 B.C. Dating from the 10th century B.C. there were another set of laws created in the old Testament called the Hebrew code of laws, making up of Moses’s 611 commandments. Hammurabi’s Code and the Hebrews (in Mosaic Code) became supreme over all sources of authority; playing an important role in the legal process among society. There have been striking amount of similarities between the Hammurabi laws and the Mosaic code of the Hebrew Old Testament.

Common law - that part of the English law not embodied in legislation. It consists of rules of law based on common custom and usage and on judicial court decisions. English common law became the basis of law in the USA and many other English-speaking countries.

To start evaluating this large topic we will begin with the creator of the source. King Hammurabi of Babylon c.1792-1750 BCE is known as the founder of Law. Hammurabi was indeed the creator of the laws, however likely did not write them down himself. The real author of the Law Codes of Hammurabi could have been someone other that Hammurabi himself. This is an assumption made on the idea that a King would not take the time to carve thousands of symbols into rock himself and thus would have dictated the laws to another to be inscribed. By

The code was the earliest form of law. For modern society this document serves as an important document, just as important as the Declaration of Independence or even Magna Carta Libertatum; not only from a historical stand point but also as a societal stand point.