HISTORY OF COMMON LAW

The common law legal system is a legal tradition that originated in England and spread throughout the English-speaking world. Its history spans several centuries and is characterized by gradual evolution and development. Let's take a journey through time and explore the history of the common law system, century by century.

11th Century

In the early 11th century, England was ruled by a series of monarchs who presided over a system of justice that was haphazard and often brutal. The legal system consisted of local courts, where the lords of the manor acted as judges and settled disputes. However, there was no uniform body of law and decisions varied widely. It was during this century that King William the Conqueror introduced the concept of royal justice, which established the king as the ultimate authority in legal matters.

12th Century

The 12th century saw the development of the English common law system. During this time, judges began to travel the country, hearing cases and establishing a body of law that was based on previous decisions, rather than on the whims of local lords. This led to greater consistency in legal decisions and a growing recognition that the law should be based on reason and logic, rather than on the arbitrary decisions of those in power.

13th Century

In the 13th century, King Henry III established a central court in Westminster, which became the highest court in the land. The court was made up of judges who were appointed by the king and who traveled throughout the country hearing cases. This helped to establish a uniform body of law that was based on the decisions of the court, rather than on local custom. It was during this century that the concept of legal precedent became firmly established, meaning that previous court decisions were binding on later cases with similar facts.

14th Century

The 14th century was a turbulent time in English history, marked by civil wars and political upheaval. Despite this, the common law system continued to evolve and develop. During this century, the court system became more hierarchical, with the court of common pleas becoming the primary court of first instance. The concept of legal equity also began to emerge, which allowed judges to provide relief in cases where the strict application of the law would lead to an unjust result.

15th Century

In the 15th century, the common law system continued to develop, with the courts becoming more professionalized and the law becoming more complex. The king's courts became the exclusive forum for certain types of cases, such as those involving land disputes. The role of juries also became more prominent, with juries being used to determine both the facts of a case and the law that applied to those facts.

16th Century

The 16th century was a time of great change in England, marked by the Protestant Reformation and the rise of the Tudor monarchy. The common law system continued to evolve during this period, with the court of chancery emerging as a separate court of equity. The court of star chamber was also established, which had the power to hear cases involving political offenses and to impose harsh punishments.

17th Century

The 17th century was marked by the English Civil War and the Glorious Revolution, which saw the overthrow of James II and the establishment of parliamentary government. During this century, the common law system continued to evolve, with the court of exchequer becoming a separate court and the law of property becoming more complex. The concept of individual rights also began to emerge, with judges recognizing the importance of individual liberty and freedom from arbitrary government action.

18th Century

The 18th century was a time of enlightenment and intellectual ferment, marked by the rise of the scientific method and the development of modern political theory. The common law system continued to evolve during this period, with judges recognizing the importance of individual rights.

19th Century

The 19th century was a time of great change in the legal world. The common law system continued to evolve, with judges playing an increasingly important role in shaping the law. The concept of judicial review emerged, allowing judges to strike down laws that were deemed to be unconstitutional. The law of contract also became more sophisticated, with judges recognizing the importance of freedom of contract and the need to protect parties from fraud and coercion.

20th Century

The 20th century was marked by two world wars and significant social and political changes. The common law system continued to evolve, with the development of administrative law and the recognition of the importance of human rights. The role of juries also evolved, with the introduction of unanimous verdicts and the requirement for jurors to be selected from a representative cross-section of society.

21st Century

In the 21st century, the common law system continues to evolve in response to changing societal needs and technological advancements. The rise of e-commerce has led to the development of new legal principles, such as those related to online contracts and electronic signatures. The concept of legal artificial intelligence (AI) is also emerging, with AI systems being used to help judges and lawyers analyze legal data and make better decisions. The importance of environmental law and the need to address climate change are also becoming increasingly important issues for the common law system to address.

Common Law Continues to Evolve

The common law system has a rich and fascinating history that spans several centuries. From its humble beginnings in the local courts of medieval England to its current status as the dominant legal system in much of the English-speaking world, the common law system has continually evolved and adapted to meet the needs of society. As we move further into the 21st century, the common law system will undoubtedly continue to evolve in response to new challenges and opportunities.