Sources of Law
Origins of Common Law · Case Law & Precedent · Equity · Legislation · Statutory Interpretation · Human
Rights
Part 1: Where Does English Law Come From?
Before studying any specific area of law, it helps to understand where law comes from in the first
place. In England and Wales, law does not come from a single place — it comes from several
different sources that have developed over many centuries. Understanding these sources is
fundamental to understanding how the legal system works.
What Is Law?
Law is the system of rules which a particular country or community recognises as regulating the
actions of its members, and which it may enforce by the imposition of penalties. The law must
reflect the wishes or tolerance of the broad majority of the population to remain credible and
enforceable. It must evolve alongside societal changes to remain relevant.
The law of England and Wales has developed through four distinct historical periods:
Pre-1066 (Norman Conquest): locally based systems and customs of Anglo-Saxon society, with
no unified national law.
1066–1485: the formation of 'common law' by royal courts, imposed over and above the old local
systems.
1485–1870s: the development of equity as a separate body of law; two parallel legal systems co-
existing in different courts.
1870s to present: joint jurisdiction for common law and equity following the Judicature Acts;
massive growth in statute law; influence of EU law (post-1973, now ended after Brexit).
The Norman Conquest and the Birth of Royal Justice
Following the Norman Conquest in 1066, the King gradually became the central figure in justice.
The Curia Regis (King's Council) travelled across the country exercising 'High Justice' in the most
important cases alongside existing local courts. The King was assisted by skilled clerics who
eventually began deciding disputes themselves and established a permanent court at Westminster.
The Magna Carta in 1215 required a fixed King's Court.
Over time, the King's Council's different branches evolved to handle different types of dispute.
Three main courts emerged:
• Court of Exchequer — dealt with royal finances
• Court of Common Pleas — dealt with ownership and possession of land
• Court of King's Bench — dealt with serious criminal matters
These courts continued until the Judicature Act 1873. Royal justices also travelled the country
holding 'assizes' (sittings) of the royal courts. Assize Courts continued until the Courts Act 1971. A
separate appeal court — the Court of Exchequer Chamber — also emerged, later abolished in
1875 when its jurisdiction passed to the new Court of Appeal.
, What Is 'Common Law'?
The law applied by the King's judges was based on the common customs of the country — hence
the term 'common law.' This was most notable after King Henry II (1154–89) organised the first
assizes to deal with disputes left over from a civil war. The expansion of the King's courts was
resisted by local barons but continued to grow and was firmly recognised as supreme by the time
of Edward I (1272–1307).
The term 'common law' has four different meanings depending on context:
• Historically: law applied by the King's judges, as opposed to local customary courts
• To distinguish from equity: law of the King's Courts, as opposed to the Court of Chancery
• To distinguish from statute: judge-made case law developed through precedent, as opposed
to law made by Parliament
• To identify common law countries (e.g. Commonwealth jurisdictions) as opposed to civil law
countries where law is based on Roman law
The Writ System and Its Limitations
The common law was a procedural system. To bring a claim in the King's Courts, a claimant had to
purchase a writ from the Chancellor — a document with a royal seal constituting a royal demand
for the defendant to appear in court. A different writ existed for each type of complaint.
Main writs included: writ of right (recovery of land), debt (recovery of a fixed sum), detinue (return
of a chattel), covenant (breach of promise), account, trespass (against persons, goods or land),
and case (a flexible remedy that became important in tort law).
The writ system became rigid over time. Only Parliament could allow a new type of writ. If no
existing writ covered the claimant's case, the court would not hear it. In personal actions, the only
remedy available was damages. These limitations encouraged the emergence of equity.
Origins of Common Law · Case Law & Precedent · Equity · Legislation · Statutory Interpretation · Human
Rights
Part 1: Where Does English Law Come From?
Before studying any specific area of law, it helps to understand where law comes from in the first
place. In England and Wales, law does not come from a single place — it comes from several
different sources that have developed over many centuries. Understanding these sources is
fundamental to understanding how the legal system works.
What Is Law?
Law is the system of rules which a particular country or community recognises as regulating the
actions of its members, and which it may enforce by the imposition of penalties. The law must
reflect the wishes or tolerance of the broad majority of the population to remain credible and
enforceable. It must evolve alongside societal changes to remain relevant.
The law of England and Wales has developed through four distinct historical periods:
Pre-1066 (Norman Conquest): locally based systems and customs of Anglo-Saxon society, with
no unified national law.
1066–1485: the formation of 'common law' by royal courts, imposed over and above the old local
systems.
1485–1870s: the development of equity as a separate body of law; two parallel legal systems co-
existing in different courts.
1870s to present: joint jurisdiction for common law and equity following the Judicature Acts;
massive growth in statute law; influence of EU law (post-1973, now ended after Brexit).
The Norman Conquest and the Birth of Royal Justice
Following the Norman Conquest in 1066, the King gradually became the central figure in justice.
The Curia Regis (King's Council) travelled across the country exercising 'High Justice' in the most
important cases alongside existing local courts. The King was assisted by skilled clerics who
eventually began deciding disputes themselves and established a permanent court at Westminster.
The Magna Carta in 1215 required a fixed King's Court.
Over time, the King's Council's different branches evolved to handle different types of dispute.
Three main courts emerged:
• Court of Exchequer — dealt with royal finances
• Court of Common Pleas — dealt with ownership and possession of land
• Court of King's Bench — dealt with serious criminal matters
These courts continued until the Judicature Act 1873. Royal justices also travelled the country
holding 'assizes' (sittings) of the royal courts. Assize Courts continued until the Courts Act 1971. A
separate appeal court — the Court of Exchequer Chamber — also emerged, later abolished in
1875 when its jurisdiction passed to the new Court of Appeal.
, What Is 'Common Law'?
The law applied by the King's judges was based on the common customs of the country — hence
the term 'common law.' This was most notable after King Henry II (1154–89) organised the first
assizes to deal with disputes left over from a civil war. The expansion of the King's courts was
resisted by local barons but continued to grow and was firmly recognised as supreme by the time
of Edward I (1272–1307).
The term 'common law' has four different meanings depending on context:
• Historically: law applied by the King's judges, as opposed to local customary courts
• To distinguish from equity: law of the King's Courts, as opposed to the Court of Chancery
• To distinguish from statute: judge-made case law developed through precedent, as opposed
to law made by Parliament
• To identify common law countries (e.g. Commonwealth jurisdictions) as opposed to civil law
countries where law is based on Roman law
The Writ System and Its Limitations
The common law was a procedural system. To bring a claim in the King's Courts, a claimant had to
purchase a writ from the Chancellor — a document with a royal seal constituting a royal demand
for the defendant to appear in court. A different writ existed for each type of complaint.
Main writs included: writ of right (recovery of land), debt (recovery of a fixed sum), detinue (return
of a chattel), covenant (breach of promise), account, trespass (against persons, goods or land),
and case (a flexible remedy that became important in tort law).
The writ system became rigid over time. Only Parliament could allow a new type of writ. If no
existing writ covered the claimant's case, the court would not hear it. In personal actions, the only
remedy available was damages. These limitations encouraged the emergence of equity.
