Chapter I -Introduction

1.1.Background

Common law plays a huge role in shaping the legal systems we have today.
This paper contains the history of common law, showing how it evolved
over centuries into the system we know now. The term "common law" has
its roots in the Latin phrase "commune ley," which basically means the law
that comes from customs shared by the community. Unlike laws that are
written down in books by legislators, common law is made by judges
through their decisions in court cases. Over time, these decisions create legal
precedents that other courts follow. The story of common law begins with a
mix of local customs and royal edicts. Back in the day, there wasn’t a
unified legal system different regions followed their own traditions, often
influenced by Germanic tribes.This lack of uniformity meant that justice was
more about tradition and the decisions of tribal leaders than about a
consistent set of rules.

Common law is also known as the English law,Anglo American and British
law.It developed in England around 11th century and started to dominate in
the world.In the countries like ; USA, Canada, Australia, New
zealand,Malaysia and other countries of the British commonwealth followed
nations.It tends to be case centered , allowing scope for a discretionary, ad
hoc, pragmatic approach to the particular problems that appear before the
court.Its fundamental basis was customs, general practices of the
society.Only in the 17th century did common law triumph over the other
laws like Canon law, urban and rural law etc.

According to David & Briely," Common legal system is a law made by

courts".
According to Justice Holmes, " Common law is made by Judges".

Before 1066 the english legal system involved a mass of oral customary
rules which varied according to region. Each country had its own justice in
accordance with local customs that varied from community to community
and were enforced in often arbitrary fashion. Common law originated in
England in the 12th century and is based on the concept of Stare Decisis
which is the idea that in an equal and fair society, similar cases should have
similar outcomes. Common law is the body of law created by judges and

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similar quasi-judicial tribunals by virtue of being stated in written opinions.
The defining characteristic of common law is that it arises as precedent.

In england there was fusion of local customs and royal edicts . The common
law started to develop from the anglo saxon period and Norman conquest.
Moreover it is a series of unwritten laws based on past precedent. Courts
create common law by trying different types of cases and establishing a
precedent for rulings in such cases.This process differs from that of civil law,
where laws are created based on statutes passed by legislative bodies, or
regulations, which are created by the government's executive branch.

Chapter II - Findings

2.1. Development of Common legal System

The development of common law can be divided into different stages they
are enumerated as;

2.1.1 The Anglo-Saxon Period (Before 1066)

Before the Norman Conquest, the legal system was heavily based on
customs passed down through generations. Laws weren’t written down; they
were part of the community’s traditions. Kings would make laws, but their
power was limited, and much of the legal authority lay in the hands of local
tribal leaders.The influence of Christianity began to spread during this time,
bringing some changes to the way laws were thought about and practiced.
The features of this period is mentioned as:

1. No common law, private compilations, crucial period.

2. Period of customs and ancestral customs
3. Unwritten tribals reign i.e German Angles domination,Danes, Jutes
tribes
4. Law formulated by king
5. Christianity was reestablished
6. Central government was not powerful

2.1.2The Norman Conquest and the Birth of Common Law (1066-1485)

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The Norman Conquest in 1066 was a turning point. The new rulers
introduced the feudal system and started to create a more organized legal
structure.One of the key developments was the Domesday Book, a survey of
land and property commissioned by King William for tax purposes.The
King’s Court (Curia Regis) became the central place for legal decisions, and
reforms like the Assize of Clarendon under Henry II laid the groundwork for
a more unified system of justice.Henry II also started the tradition of writs—
orders from the king to courts—which became a crucial part of common
law.By the time of Edward I, the Model Parliament was formed in 1295,
further institutionalizing the legal system.It is known as the formation
period.

The Norman Period is a pivotal era in the development of English law,

beginning with William the Conqueror's victory in 1066. This period marked
a shift towards centralization of power, with the establishment of the Curia
Regis or King's Court. This court became the central authority for justice,
replacing the fragmented system of local customs that had previously
governed England.
One of the most significant achievements of this era was the creation of the
Domesday Book in 1086. This comprehensive survey of land and property
across England not only facilitated taxation but also standardized land
disputes. It laid the groundwork for more organized property law and
governance.

The introduction of the feudal system was another major change brought by
the Normans. Under this system, the king owned all land and granted it to
his followers in exchange for loyalty and service. This hierarchical structure
had a lasting impact on property law, shaping the rights and duties within the
legal system.The Norman Period also saw the beginnings of common law.
The King's Court started traveling around the country to hear cases, leading
to the development of a body of law that was common to the entire
kingdom. This practice of creating legal precedents is a cornerstone of the
common law system, which still influences legal systems today.

Additionally, the Normans influenced the language of law, introducing many

Norman French terms that remain in use. They also formalized legal
procedures and introduced trial by jury, which became key features of
common law.
In summary, the Norman Period was crucial in shaping the foundations of
the English legal system, introducing centralization, the feudal system, and
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the early development of common law. These innovations laid the
groundwork for the legal principles and institutions that continue to shape
modern law.

2.1.3Rules of equity period (1484-1832)

The "Period of Equity" is a fascinating chapter in the history of law,

especially in the context of English common law. This period saw the rise of
equity as a way to address the limitations and sometimes harsh outcomes of
common law. Unlike common law, which relied heavily on precedent and
could be quite rigid, equity was all about fairness, justice, and doing what
was right in each unique situation. It was handled by the Court of Chancery,
where the Chancellor would make decisions based on conscience, offering
solutions like injunctions (orders to stop someone from doing something),
specific performance (requiring someone to fulfill a contract), and trusts
(managing property for someone else's benefit).

Equity came about because people started petitioning the King directly when
common law courts couldn’t provide the justice they needed. The
Chancellor, often a high-ranking church official, would take these cases and
make rulings that were more flexible and focused on fairness. However,
having two systems—common law and equity—sometimes led to conflicts,
as the courts could end up giving different decisions on similar cases. This
confusion was resolved in the late 19th century with the Judicature Acts,
which merged the two systems into one, allowing courts to apply both
common law and equitable principles depending on what was most
appropriate.

Today, the influence of equity is still strong, as it brings a much-needed

sense of fairness and adaptability to our legal system. Whether it’s in
contract disputes, property management, or family matters, equity ensures
that the law can adjust to the needs of justice, showing that even centuries-
old principles can remain vital in the modern world.

2.1.4 Modern period (1832 onwards)

The Modern Period in the development of common law is distinguished by

significant legal reforms, the introduction of new laws and principles, and a
focus on codifying and protecting rights in an increasingly complex
society.One of the key legal reforms during this period was the Judicature
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Acts of 1873-1875 in England, which merged the separate courts of law and
equity into a unified court system. This was a crucial step in simplifying and
modernizing the legal process, ensuring that courts could apply both legal
and equitable principles to reach just outcomes.

The Human Rights Act 1998 in the UK is another landmark piece of

legislation from this era. This Act incorporated the European Convention on
Human Rights into domestic law, allowing individuals to bring human rights
cases directly in UK courts. It marked a significant expansion of rights
protection and demonstrated the growing importance of human rights in
modern legal systems.In the United States, the Civil Rights Act of 1964 was
a pivotal law that outlawed discrimination based on race, color, religion, sex,
or national origin. This Act had a profound impact on civil rights and labor
law, reinforcing principles of equality and non-discrimination in various
aspects of public and private life.

The Data Protection Act 2018 in the UK, which implemented the General
Data Protection Regulation (GDPR) in domestic law, is another example of
modern legislation responding to new challenges. This Act established
rigorous standards for the processing of personal data, reflecting the
increasing importance of privacy and data protection in the digital age.It
expanded the equitable remedies, principle of estoppel, equitable concepts
on treaties, arbitration and international resolution.Another key development
in the Modern Period is the principle of judicial review, where courts have
the power to review the actions of public bodies to ensure they comply with
the law. This principle has been essential in holding governments
accountable and protecting the rule of law in democratic societies.
The Modern Period has also seen the law evolve to address the challenges
posed by technological advancements and globalization. Legal systems have
had to adapt to new areas of law, such as intellectual property, cyber law, and
environmental law, which have become increasingly important in a rapidly
changing world. Additionally, the interconnectedness of global economies
and societies has led to the harmonization of laws across different
jurisdictions, as countries work together to address transnational issues.

2.2. Several important documents shaped the evolution of common law:

The Magna Carta is often seen as the first step towards constitutional law,
setting limits on the king’s power.The Bill of Rights (1689) played a crucial
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role in establishing the supremacy of Parliament over the monarchy.The US
Constitution (1787) took many ideas from these earlier documents and
adapted them for a new nation, influencing common law around the
world.These documents weren’t just rules—they were milestones that
reflected the changing ideas about governance and justice.One of the most
famous cases in legal history, Marbury v. Madison , established the principle
of judicial review, giving courts the power to decide whether laws are
constitutional.This case, along with others, shows how judges’ decisions
have shaped and refined common law over time. As the world changed in
the 19th and 20th centuries, so did common law. Legislators began
codifying laws—writing them down and organizing them into statutes—
while courts continued to interpret these laws through the lens of common
law traditions.Common law has proven remarkably adaptable, evolving
alongside society’s needs and challenges, yet retaining its foundational
principles.

Chapter III - Significance and Conclusion

3.1. Significance

The development of common law is significant because it provides a flexible

and adaptive legal system based on judicial decisions and precedents.
Originating in medieval England, common law evolved through the
judgments of courts rather than written statutes. This system allows laws to
adapt to changing societal needs and circumstances, ensuring that legal
principles remain relevant and fair. The precedent-based approach means
that past decisions guide future cases, promoting consistency and
predictability in the legal process. Overall, the common law system has
influenced many legal systems worldwide, contributing to a more dynamic
and responsive framework for justice.

3.2. Conclusion
In nutshell, an example of a common law ruling that set precedent is that of
the Brown v. Board of Education case in the United States . In addition to it ,
it is easier and quicker to enact common law than civil law because the latter
requires considerable debate and consensus. Common law systems provide
little oversight for law making authorities in the judicial branch, who are not
appointed through election and cannot be removed unless for misconduct.

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Common law is a foundational element of many legal systems, known for its
adaptability and reliance on judicial precedents. It enables laws to evolve
with societal changes, ensuring that legal principles remain relevant and just.
By emphasizing consistency and predictability through past decisions,
common law provides a robust framework for delivering fair and equitable
justice. Its influence extends globally, shaping the development of legal
systems and contributing to the dynamic nature of modern jurisprudence.