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The Common Law is a book that was written by Oliver Wendell Holmes Jr. in 1881, [1] 21 years before Holmes became an Associate Justice of the Supreme Court of the United States. The book is about common law in the United States, including torts, property, contracts, and crime. It is written as a series of lectures.
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. [ 2 ] [ 3 ] Although common law may incorporate certain statutes , it is largely based on precedent —judicial rulings made in previous similar cases. [ 4 ]
In England, the law developed its own tradition separate from most of continental Europe based on its own common law. Scotland has a mixed civil and common law system. Scotland had a reception of Roman law and partial codification through the works of the Institutional Writers, such as Viscount Stair and Baron Hume, among others. Influence from ...
However, large areas of the common law, such as the law of contract and the law of tort remain remarkably untouched. In the last 80 years there have been statutes that address immediate problems, such as the Law Reform (Frustrated Contracts) Act 1943 (which, inter alia , coped with contracts rendered void by war), and the Contracts (Rights of ...
With respect to marriage, English law could therefore not recognise either polygamy or concubinage as marriage. Similarly, he found that cultural traditions of which the court had no knowledge could not form the basis for a court decision. [8] The court dismissed John Hyde's claim. The case established the common law definition of marriage.
At the turn of the 18th century, Lord Holt CJ saw international law as a general tool for interpreting the common law, [141] and Lord Mansfield affirmed that the international lex mercatoria "is not the law of a particular country but the law of all nations", [142] and "the law of merchants and the law of the land is the same". [143]
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An acritical application of law, without understanding and respect of laws's purposes and without considering the overall circumstances, is often a means of supreme injustice. A similar sentence appears in Terence (Heautontimorumenos, IV, 5): Ius summum saepe summa est malitia ("supreme justice is often out of supreme malice (or wickedness)").