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Establishment of ECL in C.12
The '''common law''' is the legal system which developed in [[England]] from about the 12th century and continues there and in former and current British territories and [[colony|colonies]]. It is a system whereby legal rules are based on court decisions (precedents) rather than statutes passed by the legislatures. It was referred to as the common law because it was (and remains) common to all of England. The [[United States]] (except for [[Louisiana]]) and the [[United Kingdom]] are two prominent countries that have a common law legal system. The [[International Court of Justice|ICJ ]] also uses common law.
The '''common law''' is the legal system which developed in [[England]] from the reign of Henry II in the 12th century and continues there and in former and current British territories and [[colony|colonies]]. It is a system whereby legal rules are based on court decisions (precedents) rather than statutes passed by the legislatures. It was referred to as the common law because it was (and remains) common to all of England. The [[United States]] (except for [[Louisiana]]) and the [[United Kingdom]] are two prominent countries that have a common law legal system. The [[International Court of Justice|ICJ ]] also uses common law.
The term is used to denote three distinct concepts:
The term is used to denote three distinct concepts:
3. Common law as opposed to equity. That is, the law that applied in the former common law courts as opposed to that which applied in the former Court of Chancery. In [[England]], the Judicature Act 1873 created a new system which gave the courts both legal (common law) and equitable jurisdiction.
3. Common law as opposed to equity. That is, the law that applied in the former common law courts as opposed to that which applied in the former Court of Chancery. In [[England]], the Judicature Act 1873 created a new system which gave the courts both legal (common law) and equitable jurisdiction.
==Relationship to Islamic law==
It has recently been pointed out that certain features of English Common Law bear a striking resemblance to Islamic law of the High Middle Ages, in particular to the Maliki School of jurisprudence. In particular, concepts such as trial by jury and land possession have no affinity with either Roman Law, which was becoming established in western Europe at the time, or with the customary Anglo-Saxon laws which preceded the Common Law. A likely source is the court of Sicily, where the Norman rulers retained many customs and laws from the previous Muslim rulers, whose legal advisers were of the Maliki School. It has been noted that Thomas Brown, an English civil servant, worked in the Sicilian Court in the 12th century and later joined the court of Henry II of England at the very time that the Common Law was being established. Brown (known as Qaid Brun in Sicily), brought mathematical ideas from Sicily to England (e.g. the Arabic/Hindu numerals) and could equally have brought legal ideas as well, although there is no direct evidence for this. [[User:WaZi|WaZi]] 16:47, 28 September 2008 (EDT)
[[Category:Law]]
[[Category:Law]]
[[Category:Legal Terms]]
[[Category:Legal Terms]]