Thursday, August 27, 2009
Elsie Law's Daily Dose Of The Law: Common Law Defined
According to Barron's Law Dictionary common law is: "The system of jurisprudence, which originated in England and was later applied in the United States, which is based on judicial precedent rather than statutory laws, which are legislative enactments: it is to be contrasted with civil law (the descendant of Roman Law prevalent in other western countries). Originally based on the unwritten laws of England, the common law is 'generally derived from principles rather than rules; it does not consist of absolute, fixed, and inflexible rules, but rather of broad and comprehensive principles based on justice, reason, and common sense. It is of judicial origin and promulgation. Its principles have been determined by the social needs of the community and have changed with changes in such needs. These principles are susceptible of adaptation to new conditions, interests, relations, and usages as the progress of society may require.'"