Title: The Evolution and Principles of Common Law
Course Name : Legal Methods
Student’s Name: Purushottam Gyani
Roll Number/Enrollment Number: 46024210043
Submitted To: Dr. Gurmeet Nehra
Institution’s Name: SRM UNIVERSITY NCR DELHI
Submission Date: 29th November 2024
Table of contents
1. Introduction
2. History and Development of Common Law
3. Key Principles of Common Law
4. Comparison with Civil Law Systems
5. Relevance of Common Law in India
6. Conclusion
Introduction
The common law system is one of the oldest and
most influential legal traditions in the world.
Originating in medieval England, it has formed the
foundation of legal systems in many countries,
including the United States, Canada, Australia, and
India. Unlike civil law, which relies on codified
statutes, common law is based on judicial decisions
and the doctrine of precedent, making it a dynamic
and evolving legal framework.
The term "common law" derives from the idea of a
unified body of law applicable across the realm, as
opposed to localized customs or practices. Over time,
the decisions of English royal courts created a
consistent set of principles that ensured fairness and
predictability in the administration of justice. These
principles were not only practical but also reflected
societal values, allowing common law to adapt to
changing needs.
In this assignment, we explore the historical
development of common law, the principles that
underpin it, and its continued relevance in
contemporary legal systems. Special attention is
given to its impact on the Indian legal framework,
which, though rooted in a hybrid system of codified
and case laws, remains heavily influenced by
common law principles. This exploration highlights
the significance of common law in shaping modern
jurisprudence and its enduring legacy in the global
legal order.
History and Development of Common Law
Origins of Common Law
The history of common law dates back to medieval
England, where the legal system was fragmented
and based on local customs and tribal traditions.
Before the Norman Conquest of 1066, England
lacked a centralized legal system. Disputes were
resolved through various localized practices,
including trial by ordeal and compurgation.
Post-Norman Conquest
The Norman Conquest marked a turning point in the
development of English law. William the Conqueror
sought to consolidate his rule by establishing a
unified legal framework. To achieve this, he created a
system of royal courts that operated under the
authority of the monarchy, rather than local feudal
lords. This centralized system aimed to standardize
legal practices across the realm.
Creation of the Curia Regis
Under King Henry II (reigned 1154–1189), significant
advancements were made in the development of
common law:
Curia Regis (King’s Court): A centralized royal court
was established to resolve disputes that exceeded
the jurisdiction of local courts.
Circuit Courts and Itinerant Judges: Judges traveled
across the kingdom to hear cases and ensure
uniformity in legal decisions.
Standardization of Legal Procedures: The use of
writs—formal written orders issued by the
king—helped standardize legal claims and
procedures.
Development of the Doctrine of Precedent
By the 12th century, judges began recording their
decisions in case reports. These written decisions
became valuable precedents, allowing judges to refer
to earlier rulings when deciding similar cases. This
practice laid the foundation for the doctrine of stare
decisis (let the decision stand), a key feature of
common law.
Influence of Equity
Over time, it became evident that the rigidity of
common law could lead to unjust outcomes. To
address this, the Chancery Court (Court of Equity)
was established in the 14th century. This court
supplemented common law by providing remedies
based on principles of fairness and justice.
Distinct from Common Law: While common law
followed strict procedural rules, equity focused on
flexibility and fairness.
Integration: By the 19th century, reforms such as the
Judicature Acts of 1873–1875 merged common law
and equity into a unified system, ensuring equitable
principles could be applied in common law courts.
Expansion of Common Law
The British Empire’s expansion during the 17th to
19th centuries facilitated the global spread of
common law. Colonies, including the United States,
Canada, Australia, and India, adopted the common
law system, often blending it with local customs and
laws.
Development in India
Pre-British Era: India had its own legal systems
based on religious laws (e.g., Hindu and Islamic law)
and customary practices.
British Influence: With the establishment of British
rule, common law principles were introduced through
charters and codifications. The creation of the
Supreme Court in Calcutta (1774) marked the
beginning of a formal common law system in India.
Post-Independence: While India adopted a codified
constitution after independence, its legal system
continues to follow common law principles,
particularly in judicial interpretation and the doctrine
of precedent.
Modern Adaptations
Common law remains a dynamic system that evolves
through judicial decisions. Its reliance on case law
allows it to adapt to societal changes and
technological advancements, making it one of the
most flexible and enduring legal systems in the world.
Significance
The history and development of common law
illustrate its foundational principles: consistency,
adaptability, and fairness. Its evolution reflects the
changing needs of society and its ability to address
complex legal issues while maintaining the rule of
law.
Key Principles of Common Law
Doctrine of Precedent: Decisions of higher courts
bind lower courts, ensuring consistency in legal
rulings.
Judicial Interpretation: Judges play a creative role in
interpreting and developing the law.
Adversarial System: Parties present their arguments,
and the judge acts as a neutral arbitrator.
Equity and Flexibility: Common law systems
incorporate equitable principles to ensure fairness in
cases where strict legal rules may result in injustice.
Comparison Between Common Law and Civil Law
Systems
The common law and civil law systems are the two
most prominent legal traditions in the world. While
both aim to uphold justice and maintain social order,
they differ significantly in their origins, principles, and
application.
1. Origin and Development
Common Law:
Originated in England after the Norman Conquest in
1066.
Developed through judicial decisions and the doctrine
of precedent (stare decisis).Evolved as a dynamic
system that adapts through case law.
Civil Law:
Traces its roots to Roman law, particularly Justinian’s
Corpus Juris Civilis (6th century).
Further developed during the European Renaissance
and codified in national legal systems like the
Napoleonic Code (France, 1804).
Based on comprehensive legal codes that govern all
areas of law.
2. Sources of Law
Common Law:
Primary source: Case law (judicial decisions).
Secondary sources: Statutes, legal precedents, and
customs.
Judges play a significant role in interpreting and
developing laws.
Civil Law:
Primary source: Codified statutes and comprehensive
legal codes.
Judicial decisions have limited precedential
value.The legislature creates the law, and judges
strictly apply it.
3. Role of Judges
Common Law:
Judges are active interpreters of the law.
Judicial rulings can create new legal principles or
expand existing laws.
Example: In Donoghue v. Stevenson (1932), the
common law concept of negligence was established
through judicial interpretation.
Civil Law:
Judges act as impartial enforcers of codified laws.
Their role is limited to applying the law as written
without creating new legal principles.
Example: In France, judges must strictly follow the
provisions of the Napoleonic Code.
4. Legal Procedures
Common Law:
Adversarial system: Two opposing parties present
their arguments, and the judge serves as a neutral
referee.
Emphasis on oral arguments and cross-examination
of witnesses.
Evidence and case presentation play a critical role in
decision-making.
Civil Law:
Inquisitorial system: Judges actively investigate facts
and examine evidence.
Emphasis on written submissions and detailed legal
documentation.
The court conducts an extensive inquiry to determine
the truth.
5. Flexibility and Adaptability
Common Law:
Highly flexible, as judges can adapt legal principles to
new situations and societal changes.
Case law allows the legal system to evolve
organically over time.
Example: Recognition of privacy rights in the digital
era through judicial interpretation in Justice K.S.
Puttaswamy v. Union of India (2017).
Civil Law:
Less flexible, as changes require legislative
amendments.
Relies on lawmakers to update codes to address new
developments.
Example: Amendments to the German Civil Code
(Bürgerliches Gesetzbuch) are necessary to reflect
societal changes.
6. Importance of Precedent
Common Law:
Precedent is binding: Lower courts must follow
decisions of higher courts.
This ensures consistency and predictability in legal
outcomes.
Example: Decisions of the UK Supreme Court or the
Indian Supreme Court set binding precedents for
lower courts.
Civil Law:
Precedent is not binding: Judicial decisions do not
have the same weight as codified statutes.
Judges may refer to earlier decisions for guidance,
but they are not obligated to follow them.
7. Codification
Common Law:
Primarily uncodified, though statutes exist to
supplement case law.
Judicial decisions provide detailed reasoning, serving
as a guide for future cases.
Example: Tort law in common law jurisdictions is
largely judge-made rather than codified.
Civil Law:
Fully codified: Comprehensive legal codes govern all
areas of law, leaving little room for judicial discretion.
Example: The French Civil Code (Napoleonic Code)
covers personal, property, and contractual laws in
detail.
8. Global Influence
Common Law:
Widely adopted in countries influenced by British
colonialism, such as the United States, Canada,
Australia, and India.
Legal systems often blend common law principles
with local customs or statutes.
Civil Law:
Predominant in continental Europe, Latin America,
and parts of Asia and Africa.
Countries like France, Germany, and Japan rely
extensively on civil law traditions.
Conclusion
Both common law and civil law systems have distinct
characteristics that suit the legal and cultural needs
of the societies they serve. While common law offers
flexibility and adaptability, civil law provides clarity
and uniformity through codification. Understanding
these differences is essential for appreciating the
diversity and functionality of legal systems worldwide.
