Common Law Origin: Where Did Common Law Come From?

Common Law has a long history, developing through centuries of lawful tradition. Its origins can be traced to England, where different systems of courts existed before the development of a more unified system of Common Law.

Understanding the origin of Common Law provides insight into how precedent, natural law, individual rights and lawful principles developed over time.

Where Did Common Law Originate?

Before the Norman Conquest of England in 1066, much of England's lawful affairs were handled through local folk courts throughout the various shires.

Other courts also existed, including urban borough courts, merchant fairs and courts held by large landholders.

Following the Norman Conquest, the practices of the English King's courts developed into a system that became “Common” across the courts of England.

This became known as Common Law.

How Did Common Law Develop?

One of the central characteristics of Common Law is precedent.

For centuries, the system has relied upon past decisions and inherited reasoning styles. This allowed principles established through previous decisions to become part of the continuing Common Law tradition.

Natural Law and Individual Rights

During the Age of Enlightenment, natural laws were invoked to challenge the divine right of kings.

They provided an alternative rationale for mutual agreement, positive law and government and supported ideas surrounding:

- Self-rule

- Individual rights

- Popular sovereignty

- Protection of individual rights

Natural rights are described as unalienable rights, including inherent rights such as life, liberty and the pursuit of happiness.

How Did Common Law Spread Around the World?

Common Law systems trace their origins to England, while civil law systems can be traced through the Napoleonic Code to Roman law's Corpus Juris Civilis.

As the British Empire expanded, the Common Law system was spread to its colonies, where it became a primary source of law.

This helped establish Common Law across numerous jurisdictions around the world.

Common Law and Statutory Law

Before Parliament gained legislative powers to create statutes, the system evolved as society became increasingly complex, later incorporating statutory codes and policies.

Common Law is the traditional source of Law, with legislative power adding a layer above its foundation.

It is an ancient system that continues to hold significant influence within jurisdictions that follow it today.