What defines Common Law?

Common law is primarily defined as law that evolves from judicial decisions made in individual cases rather than being established through legislative statutes or executive orders. This body of law is shaped by the outcomes of specific legal cases, where judges interpret statutes, precedents, and legal principles to make rulings. Over time, these judicial decisions accumulate, influencing and establishing legal norms that guide future cases.

Judicial precedents are crucial in common law systems; they create a framework where the decisions made in previous similar cases are relied upon for consistency and fairness in the legal process. Thus, the iterative nature of this legal system allows for adaptability and relevance as societal norms and needs change.

Legislation, executive directives, and regulations do not define common law; rather, they represent different sources of law and governance that operate within the broader legal framework. Common law is unique in that it emphasizes the role of judicial interpretation and the importance of precedent in shaping the law.