Law Dictionary

common law

The law common to all the realm. A collection of maxims and customs, of higher antiquity than memory or history can reach. Nothing else but custom arising from the universal agreement of the whole community. Custom handed down by tradition, use, and experience. See Unwritten Law The term may be used in distinction to "statute law", to "equity law", and the "Roman law" or "civil law".  Every country has its common law. Ours is composed partly of the common law of England, and partly of our own usages. When our ancestors emigrated from England they took with them such of the English principles as were convenient for the situation in which they were about to place themselves... By degrees, as circumstances demanded, we adopted the English usages, or substituted others better suited to our wants, till at length, before the time of the revolution, we had formed a system of our own, founded in general on the English constitution, but not without considerable variations. The [Federal] United States has no common law. The power of the United States is expressed in the Constitution, laws, and treaties. The laws of the Federal government, as stated, are embodied in the Constitution, acts of Congress, and treaties made by its authority. Nor have the Federal courts jurisdiction of common law offenses. The Federal courts do not enforce the common law in municipal matters in the States because it is Federal law, but because it is the law of the State. The common law is necessarily referred to by the Federal authorities for definitions. Each State may have its own local customs and common law. The old common law is the basis of all State laws, modified as each sees fit. The common law being the substratum of the jurisprudence of the Thirteen States by which the Constitution was adopted, and the framers being educated under it, the terms of the instrument are to be construed by the common law. The interpretation of the Constitution is necessarily influenced by the fact that its provisions are framed in the language of the English common law, and are to be read in the light of its history. It [common law] consists of a few comprehensive principles, founded on reason, natural justice, and enlightened public policy, modified and adapted to the circumstances of all the cases which fall within it.

Source : William C. Anderson, A Dictionary of Law (1893)

Language : English

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