History of English Common Law

“I think it an undeniable position, that a competent knowledge of the laws of that society in which we live, is the proper accomplishment of every gentleman and scholar; an highly useful, I had almost said essential, part of liberal and polite education.”

Sir William Blackstone: Commentaries: On the Study of the Law 1758

Aims• To have a basic

understanding of the history of common law

• To identify several key features of the English legal system

• To recognise the way the course works, what is expected of you and how to be successful

What is

Law?

CC-BY dSeneste.dkhttp://www.flickr.com/photos/dseneste/5912382808/

“Law is order, and good law is good order.”

Aristotle in Politics

AristotleGreek critic, philosopher,

physicist, & zoologist (384 BC - 322 BC)

What is a legal ‘system’?

Countries marked in red at those with a Common Law legal system

EnglishLegalSystemEngland & Wales

MAP OF UNITED KINGDOM

Four Sources of English Law1

2 4

3

CC-BY http://www.flickr.com/photos/dominic-doyle/8670663457/Dominic Doyle

Common LawPrecedentCase Law

UK Supreme Court

UK Parliament

Acts of Parliament Statutes

Legislation

English Law

European LawEUROPEAN UNION LAW

COUNCIL OF THE EU/PARLIAMENT BRUSSELSSince 1972

EUROPEAN CONVENTION ON HUMAN RIGHTS

EUROPEAN COURT OF HUMAN RIGHTS STRASBOURG

Since 1998CC-BY Martin Ehrenhauserhttp://www.flickr.com/photos/42236106@N03/4030047332

CC-BY http://www.flickr.com/photos/dominic-doyle/8670663457/Dominic Doyle