Common Law Tradition

Summary

This transcript explores the evolution and characteristics of the Common Law system, tracing its origins in England and its distinction from Civil Law systems. It explains how Common Law is based on customs and judicial precedents, with judges relying on previous rulings to guide decisions. The system spread to former British colonies, including the U.S., Australia, and Malaysia, with each adapting it to local needs. While the application of the law differs, the central role of precedents in legal decisions remains a defining feature of Common Law systems.

Takeaways

• 😀 The common law system (referred to as 'Camelo') originated in England and is based on customs and judicial decisions rather than written codes.
• 😀 Unlike civil law systems influenced by Roman law, common law developed independently as England was never colonized by the Romans.
• 😀 The English monarchy played a key role in shaping the common law system, particularly through the Royal Courts and later the Church's influence.
• 😀 Common law decisions are heavily reliant on case precedents, where judges are bound to follow rulings made in previous similar cases.
• 😀 The principle of *stare decisis* (binding precedent) ensures consistency in legal decisions, with judges referring to past judgments to decide new cases.
• 😀 The spread of common law occurred mainly through British colonialism, influencing countries like the United States, Australia, and others in the former British Empire.
• 😀 Even in countries like Malaysia, the legal system uses the common law framework, though the specific legal substance may differ from that of England.
• 😀 The common law system emphasizes the role of judicial decisions over legislative codes, with courts using past rulings to guide the resolution of current disputes.
• 😀 The common law system is adaptive, with many countries combining it with other legal systems, such as civil law or statutory laws, depending on their local needs.
• 😀 The influence of common law can be seen in countries' legal frameworks, even where formal codes or written laws exist alongside the reliance on judicial precedents.

Q & A

1. What is Common Law and why is it also called the Anglo-Saxon legal system?

Common Law is a legal system based primarily on customary law and judicial decisions rather than codified statutes. It is called the Anglo-Saxon system because it developed in England among the Anglo-Saxon people.

2. How does Common Law differ from the Civil Law system?

Common Law relies on judicial precedents and case decisions as the main source of law, while Civil Law, influenced by Roman law, relies primarily on written codes and statutes as the main legal authority.

3. Why was England not influenced by Roman law like continental European countries?

England was not significantly influenced by Roman law because it was not fully integrated into the Roman legal tradition like many continental European regions. As a result, it developed its own customary legal practices.

4. What role did the Royal Courts play in the development of Common Law?

The Royal Courts were central to the development of Common Law. They handled disputes brought before the king’s courts, and their decisions gradually formed consistent legal principles that became binding precedents.

5. What is meant by the principle of precedent in Common Law?

The principle of precedent means that judges are bound to follow previous judicial decisions in similar cases. This principle is known as 'stare decisis' or binding precedent.

6. How do judges decide cases in a Common Law system?

Judges decide cases by referring to prior court decisions in similar cases. Instead of relying primarily on statutory codes, they analyze earlier rulings to ensure consistency in legal reasoning.

7. What is the function of a jury in the Common Law system?

In the Common Law system, a jury determines the facts of the case, such as whether the defendant is guilty or not, while the judge oversees the legal process and applies the relevant legal principles.

8. Why do law students in Common Law countries focus heavily on case studies?

Law students in Common Law countries study cases because judicial decisions are a primary source of law. Understanding past cases helps them understand how legal principles are formed and applied.

9. How did Common Law spread to other parts of the world?

Common Law spread through British colonialism. Former British colonies adopted the Common Law judicial structure, including the use of precedent and similar court systems.

10. Can countries that follow Common Law also have written statutes?

Yes, modern Common Law countries often have written statutes. However, even with statutory law, courts may still rely on precedents to interpret and apply those laws.

11. Is the substance of law identical across all Common Law countries?

No, the substantive law differs between countries. While they share similar judicial systems and reliance on precedent, each country develops its own legal rules and legislation.

12. What is a mixed legal system in the context of Common Law development?

A mixed legal system combines elements of Common Law and Civil Law. Such systems may use written codes like Civil Law countries but still apply judicial precedent as an important source of law.