- November 24, 2019 at 7:16 am
In relation to the English legal system, where did the common law originate from?
a) Acts of parliament
b) delegated legislation
What does custom mean in the context of common law.November 24, 2019 at 2:19 pm
I believe that cover this in the video lectures!
Common law came about after 1066 (the take over of the English monarchy by William of Normandy).
Before that date, law throughout England was disjointed and lacked any consistency
So, over a period of 200+ years, the law was commonised … hence Common Law
So I’m a bit hesitant to say that Common Law originated from any one of the three options that you have given me. If pushed I’d probably opt for Custom but I’m not happy with that as an answer
To answer your question, what does “custom” mean, custom arises as a matter in English Law where someone claims that they have a right (for example, a right to collect coal from an open-cast coal mine) where that right extends to all the people that live in that district. This has always been the case for as long as anyone can remember. It’s now up to the coal mine owner to show that this could not have been a right continuously exercised since ‘time immemorial’ … defined in English Law as 1189
To claim custom it would be necessary to show the Court that this right that you are claiming has been exercised for as long as living memory, it’s limited to a geographical area or group of people and it has been exercised nec vi, nec clam, nec precario (without the need for permission, openly and without force)
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