What are the components of common law?
Common law is a legal system that is based on judicial decisions and customs, rather than on written laws or statutes. It is primarily used in countries that have a legal history influenced by English law. The components of common law can be categorized into three major sources:
1. Precedents: Common law relies heavily on judicial precedents, which are legal decisions made by judges in past cases. When a court makes a decision in a case, it becomes a precedent that future courts can use as a guide when deciding similar cases. These precedents help establish and develop legal principles and rules over time.
1. Case Law: Case law refers to the collection of legal decisions made by courts in various cases. These decisions provide interpretations and applications of statutes, and they form an essential part of common law. Lawyers and judges often refer to past case law to understand how similar situations have been treated in the past and apply those principles to the current case.
2. Custom and Tradition: Another component of common law is the reliance on custom and tradition. Certain legal principles and rules are derived from customary practices and societal norms. These customs and traditions can play a significant role in shaping legal norms, particularly in areas where there is no applicable statute or precedent.
3. Legal Commentary: Legal commentary, including writings by legal scholars, textbooks, and treatises, also contributes to the development and understanding of common law. These resources provide analyses and interpretations of legal principles and help in clarifying legal concepts and doctrines.
To understand the components of common law, legal professionals and scholars examine past case law, review legal commentaries, and consider customary practices, all of which contribute to the ongoing evolution of the common law system.