Historical Uses
In addition, there are several historical uses of the term that provide some background as to its meaning.
In one archaic usage, "common law" is used to refer to certain customs in England dating to before the Norman conquest and before there was any consistent law to be applied.
The English Court of Common Pleas dealt with lawsuits in which the Monarch had no interest, i.e., between commoners.
Additionally, from at least the 11th century and continuing for several centuries after that, there were several different circuits in the royal court system, served by itinerant judges who would travel from town to town dispensing the King's justice. The term "common law" was used to describe the law held in common between the circuits and the different stops in each circuit. The more widely a particular law was recognized, the more weight it held, whereas purely local customs were generally subordinate to law recognized in a plurality of jurisdictions.
These definitions are archaic, their relevance having dissipated with the development of the English legal system over the centuries, but they do explain the origin of the term as used today.
Read more about this topic: Common Law Legal Systems, Primary Connotations
Famous quotes containing the word historical:
“We need a type of theatre which not only releases the feelings, insights and impulses possible within the particular historical field of human relations in which the action takes place, but employs and encourages those thoughts and feelings which help transform the field itself.”
—Bertolt Brecht (1898–1956)
“This seems a long while ago, and yet it happened since Milton wrote his Paradise Lost. But its antiquity is not the less great for that, for we do not regulate our historical time by the English standard, nor did the English by the Roman, nor the Roman by the Greek.... From this September afternoon, and from between these now cultivated shores, those times seemed more remote than the dark ages.”
—Henry David Thoreau (1817–1862)