The Evolution of Common Law: From Customs to Centralization

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I. ⚖️ Introduction: The Origins of Common Law
The Common Law is the historical foundation of the English legal system and, by extension, of many legal systems around the world (such as the US, Canada, and Australia).
It emerged progressively after the Norman Conquest of England in 1066, evolving from a patchwork of local customs into a unified national legal system administered by royal courts.
🔹 Definition :
Common Law refers to the body of law developed by judges through court decisions and judicial precedents, as opposed to statutes enacted by Parliament.
The development of the Common Law was closely tied to the growth of royal authority and the centralization of justice under the English monarchs, particularly William the Conqueror and Henry II.

II. 🏰 Before 1066: Anglo-Saxon Law
Before the Norman Conquest, England had no unified national legal system.
Instead, it was governed by local, customary rules that varied from region to region — known as Danelaw, Mercian law, or Wessex law.
🔹 Customary Law:
Early English law was largely unwritten and based on custom. Each region had its own courts applying local traditions, often arbitrarily enforced.
Local justice was highly decentralized and inconsistent. Different regions applied their own customary norms in matters of property, family, or crime, without uniform procedures or authority.
✏️ Example exam answer:
Before 1066, English law was based on unwritten local customs that differed across regions. Justice was arbitrary and there was no national system of law.

III. ⚔️ 1066 – The Norman Conquest: Birth of a Centralized Justice
The Norman Conquest marked a turning point.
When William, Duke of Normandy, defeated King Harold at the Battle of Hastings in 1066, he established a strong monarchy with centralized control.
William did not entirely abolish local customs; instead, he used them as the foundation for a unified system that was loyal to the Crown.
He replaced local lords’ arbitrary justice with royal justice, consolidating his political power through the law.
🔹 Key Point:
The Common Law emerged as an instrument of royal power, unifying the kingdom under one legal authority while maintaining elements of local custom.
✏️ Example exam answer:
The Norman Conquest introduced centralized royal justice. It unified England under the King’s authority and laid the foundations of the Common Law.

IV. 👑 Henry II (1154–1189): The Institutionalization of Common Law
The reign of Henry II was crucial for the formation of the Common Law.
He created a systematic and organized royal judiciary, ensuring that the “King’s justice” would be “common” to all England, replacing local diversity with national uniformity.

1. Royal Courts and Itinerant Judges
Henry II established royal courts and sent itinerant judges (known as justices in eyre) to travel throughout the kingdom.
These judges brought the King’s law to every region and reported back to London, ensuring consistency.
🔹 Itinerant Judges: