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:
“The proverbial notion of historical distance consists in our having lost ninety-five of every hundred original facts, so the remaining ones can be arranged however one likes.”
—Robert Musil (1880–1942)
“Yet the companions of the Muses
will keep their collective nose in my books
And weary with historical data, they will turn to my dance tune.”
—Ezra Pound (1885–1972)