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The development of the common law in England & Wales
Following the Norman conquest in 1066 William the Conqueror decided it would be to his advantage if he had control of the legal system. William set up the King's court - the Curia Regis - and appointed his own judges. The nobles were encoraged to apply to have the King's judges settle their disputes. The judges were also sent around the country to settle important cases in the major towns. By the reign of Henry II (1154-89) the judges' tours around the country became more regular and Henry II decided to divide the country up into circuits.
Initally the judges would use the local customs to decide disputes. However over time the judges would return to London and discuss the laws and customs they had used with each other. Eventually the judges selected the best customs from the various areas and these were then universally used throughout the country. The effect of this was the law became common throughout the country - hence the phrase common law came into being.
Common law is still extremely important in our legal system today. It is made up of unwritten law that has developed from customs and the decisions of judges. Today the term common law is used to describe that law which has been developed through judicial decision as oposed to the body of law which has been passed and developed by Parliament in the form of statutes. This can be illustrated by looking at two important crimes in our society. Murder is a common law offence, which means it has never been defined by an Act of Parliament, whereas theft is a statutory crime which has been defined by Parliament in the Theft Act 1968.
Common law also has another important meaning in our legal system. It is used to distinguish between rules that were developed by the King's courts (the common law courts) and the rules of equity which were developed by the Lord Chancellor and the Chancery courts. The topic of equity is discussed here
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