The Context of Common Law

Abstract

This chapter focuses on common law. The common law is distinguished as a legal system developed by cases—that is, by judicial decisions. Put simply, the common law judge derives the law from previous decision of other judges. Even more importantly, common law courts typically do not create abstract legal rules to decide future cases. The method of the common law is not focused on deductively deriving results from general legal principles, but rather on inductively working out principles from individual decisions. This means that only judges themselves remain as creators of law. According to this view, common law would actually be judge-made law, a view also common among comparative lawyers.