The Evolution of Common Law: Unraveling the Complexities of Legal Development

Understanding how common law developed our modern legal system is one of the most intricate questions in US law. This article aims to provide a comprehensive overview of the origins and growth of common law, drawing on historical roots and contemporary practices.

Origins and Early Influences

The foundation of the US legal system can be traced back approximately 1,200 years, with roots in Anglo-Saxon England. This early system was influenced by several key historical elements:

Anglo-Saxon customs and laws Roman law The traditions and practices of the Catholic Church The customs and governing practices of the Normans, following William the Conqueror’s conquest of England

Despite the complexity of this history, there is no concise answer to the question of how common law developed. A deep dive into legal history would require extensive reading and research, often best pursued through a trip to your local library and consulting with a reference librarian.

Prominent Written Resources

A valuable resource for understanding common law and its development is the book "The Common Law Tradition: Deciding Appeals" by Karl Llewellyn. Reading the first half of this book will give you a nuanced understanding of how judges apply common law principles in the US legal system. This book effectively highlights the complexity and the inaccuracies of simplistically stating that judges merely apply "The Law."

The Current State of Common Law

Common law is a legal tradition that is much older than modern society, developed over thousands of years. It was first imported to England and later became a key part of the legal landscape in other countries, including what is now the United States. The principles of common law have been adopted in various jurisdictions, including the UK and Germany, where they exhibit a significant degree of similarity.

Modern common law is highly developed and refined, partly due to technological advancements such as electronic communication and research. It provides a comprehensive framework for most civil and criminal law, covering essential legal areas like contracts, property, business entities, duties, and negligence. In contrast, US statutes form a relatively small part of the current legal system, with the bulk of the law being derived from common law principles.

R evolution in Common Law Jurisdictions

In common law jurisdictions, judges, known as jurists, are trained to interpret and apply statutes with the presumption that unless their language is clear, they do not supersede the principles of common law. This presumption reflects the enduring importance of common law in modern legal systems.

For example, common law requires proof of criminal intent for a person to be convicted of a crime. Therefore, when a statute criminalizes an act, it must be read with an implication that the person intended to commit that act, unless the statute is unambiguously clear. Judges tend to be very cautious in interpreting statutes to avoid this requirement.

The flexibility and complexity of common law underscore its critical role in the legal framework of modern societies. While it may not be as widely revered as it once was, the principles of common law continue to shape legal decisions and underpin the rule of law in various jurisdictions.