Md. Miadur Rahman (Shuvo)

Common Law

Legal systems are ways of establishing and maintaining social order. The term legal system refers to the nature and content of the law generally and the structures and methods whereby it is legislated upon, adjuricated upon and administered upon within a given jurisdiction. A legal system is a complex of operation, processes, human action, institution and ideals.

 The law may be categorized in number of ways although the various categorises are not mutually exclusive. The English legal system is a common law system. The system is largely case cent red and hence job centre allowing scope for a discretionary ad hoc, pragmatory approach to a particular case that comes before the court as opposed to continental system which are very strong in civil law. The civil law tends to be codified body of general principal having it’s origin in ancient roman law as codified in the corpus juris civilis of Justinian. Statute is basic to both common law and civil law.

 

 The common law of England has come out of hundreds of years of development beginning with Anglo Saxon customs and the impact of the Norman rationalization and centralization of authority. In case of the common law it is important to appreciate that it is complex historical product with a number of distinctive features.

The common law is a body of general rules prescribing social conduct. It applies throughout the realm whether a recognized local custom or liberty is recognized by the royal courts. The general rules of common law are enforced ands applied by the royal courts. The common law develops it’s principles from grounds of decisions in actual legal controversies. The common law is marked by its extensive use of the jury to provide the court with facts necessary for the decision of the case. The common law is used to denote the law applied by the courts as developed through the system of precedent without reference to legislation passed by parliament. The common law is a traditional of judicial responsibility and a barrier to arbitrary decision making. In 12th century the jurors were chosen for their knowledge of the facts of the case and the courts to apply the proper rules of law to the facts as the

Join now!

jury had decided for them. But in 21st century the rule of jury has changed vastly. The common law is marked by a doctrine of the supremacy of law.

 There are three highly influential legal traditions in the contemporary world such as civil law, common law and socialist law. The terms of legal tradition implies is not a set of rules of law about contracts, corporations and crimes although such rules will almost always be in some sense’s reflection of that tradition. The legal tradition relates the legal system to the culture of which it ...

This is a preview of the whole essay