PowerPoint Presentation

History of English Common LawThis lecture introduces you to the History and workings of the English legal system and in particular, common law. This picture is of law reports. These are the official reports of decisions of judges in individual cases brought before the courts. Ill explain the background and meaning of the term common law shortly.This course Contains Foundational material about history of critical institutions and processes of the English Legal System. Useful whether you go on to study law or just interested for sake of general knowledge. In this lecture I want to discuss the emergence of Common law in this country. The idea is for you to understand that the English common law system has developed from ancient roots and to get a feel for the history of the system. We are going to look at:Roots and early history of common law developmentFeatures of the systemAND IMPORTANTLY GET YOU A BIT FAMILIAR WITH SOME OF THE VOCABULARY OF LAW AND ENGLISH LEGAL SYSTEM.

LEARNING THE LAW REQUIRES GAINING NEW VOCABULARYAS YOU WORK THROUGH THE VIDEOS AND SECTIONS OF THE COURSE, WORDS THAT SEEM UNUSUAL AT FIRST WILL BECOME FAMILIAR.This introduction to the history of the common law is not meant to give you a detailed understanding of the history (which is actually very complex) but to try and provide a broad overview which will give you a sense of the history of our common law system, where it came from and also how it has influenced the development of the law in other parts of the world.

1I 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

2AimsTo have a basic understanding of the history of common lawTo identify several key features of the English legal systemTo recognise the way the course works, what is expected of you and how to be successful

So these are the formal aims of this section of the course.

But before we get on to the history of the common law I think it is worth pausing to reflect very briefly on what law is and what we mean when we talk about a legal system3What is Law?

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

Big question which you would think might be easy to answer. But legal theorists going back to Aristotle and Plato have struggled with this question and continue to do so. What is the content of a law? How do we recognize a rule as a law? We dont need to get into the complexities of those discussions. That is something you can do if you decide to continue with the study of law.For the moment we can think about it in this way.LAW IS CENTRALLY CONCERNED WITH THE PROBLEM OF SOCIAL ORDER:For humans to live together successfully and peacefully in groups, there have to be rules about how they will live.Rules can be informal social rules, rules of conversation, rules of dress which are complied with by convention. The sanction is social disapproval. Being excluded from the group.As societies become more developed and complex, they need more formal rules.THIS IS A COMPLEX AREA BUT FOR PRACTICAL AND INTRODUCTORY PURPOSES:When we speak of the law in a democratic society we think of the rules that govern how we live and how we do business, and which are backed by the coercive power of the state. These rules help to create and maintain social order.We are obliged to follow these rules and if we dont follow the rules a penalty will be imposed. If we break a criminal law we may have to pay a fine or go to prisonIf we break a non-criminal law - what we call a CIVIL law we will usually have to pay money compensation or what is called damages4Law is order, and good law is good order.

Aristotle in Politics

AristotleGreek critic, philosopher, physicist, & zoologist (384 BC - 322 BC)

As Aristotle put it some 300 years before the birth of Christ Law is Order and Good Law is Good Order.

So thats the law.

But what is the legal system?5What is a legal system?

Countries marked in red at those with a Common Law legal systemLegal system comprises the laws produced by law-making bodies (legislatures and judiciary)And the institutions, processes and personnel that contribute to the operation and enforcement of those laws.Legislation and common lawCourtsJudgesLegal professionalsPoliceProsecutorsJuriesProcedures for access to justice Legal Aid, citizens advice bureaux6

EnglishLegalSystemEngland & WalesMAP OF UNITED KINGDOMSo our focus in this course in on the English Legal System i.e. the laws and the institutions and processes for adjudication and enforcement of the laws.

To start with some terminology:

We talk about The ENGLISH LEGAL SYSTEM

UK COMPRISES SCOTLAND, N IRELAND AND ENGLAND AND WALES. but Scotland and Northern Ireland have their own jurisdictions. There are areas where the jurisdictions coincide (final appeals) but for practical purposes largely separately systems. Scotland has laws and terminology unknown in England. And Wales is becoming a separate legal jurisdiction too.

So generally, when talking about ELS, referring to the legal system of E&W. And by legal system I mean the laws, institutions and processes of the justice system.

7Four Sources of English Law1243

CC-BY http://www.flickr.com/photos/dominic-doyle/8670663457/Dominic DoyleTo put the common law in its modern context, some preliminary comments about sources of law.We will look at this in more detail later.In England & Wales law comes from 4 main sources:

Common law decisions of judges in particular cases applied by other judges in later cases through the process of precedent.

Statute Law written laws that express the will of the legislature

European Union Law Law of European Commission, Council of Ministers & ECJ

European Convention on Human Rights HRA 1998 and European Court of Human Rights8Common LawPrecedentCase LawUK Supreme CourtUK ParliamentActs of Parliament Statutes

LegislationEnglish Law

9European LawEUROPEAN UNION LAWCOUNCIL OF THE EU/PARLIAMENT BRUSSELSSince 1972EUROPEAN CONVENTION ON HUMAN RIGHTSEUROPEAN COURT OF HUMAN RIGHTS STRASBOURGSince 1998

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

CC-BY http://www.flickr.com/photos/dominic-doyle/8670663457/Dominic Doyle10