The Common Law

The common law is a body of law based on custom and general principles, primarily developed in England and forming the basis of U.S. federal and state law, except for Louisiana. It originated in the King's Court during the Middle Ages and evolved through judicial decisions rather than legislative statutes. This system emphasizes precedent, where past rulings guide future judgments.123

Oliver Wendell Holmes, Jr., a prominent U.S. Supreme Court justice, significantly influenced legal thought with his book The Common Law (1881). He argued that law is shaped by experience and societal needs, not just logic. Holmes believed judges discover law from custom and precedent, acting as interpreters rather than lawmakers. His work highlighted the dynamic nature of law, adapting to the "felt necessities of the time".45