Common Law

So far as natural law is concerned, all men are equal.

Quod ad jus naturale attinet, omnes homines aequales sunt.

Source: Dig. 50.17.32; Co. Litt. 122b

The common law, rooted in natural law, recognizes no natural hierarchy among free men — all stand equal before the law.

The general custom of the whole country is the common law of the country.

Communis consuetudo totius patriae est lex communis patriae.

Source: Jenk. Cent. 119; Jackson 147; Weisman, 18e

The common law is not made by judges or legislators — it is the accumulated custom of the People, recognized and declared by the courts.

The laws of England are threefold: common law, customs, and decrees of Parliament.

Leges Angliae sunt tripartitae: jus commune, consuetudines, ac decreta comitiorum.

Source: Jackson 486; 1 Bl. Comm. 63; Wharton

Statute is only one of three sources of law — common law and custom operate with equal force, and statutes that derogate from them are strictly construed.

Things derogatory to the common law are strictly interpreted.

Quae sunt in derogatione juris communis stricte interpretantur.

Source: Jenk. Cent. 29, p. 221, case 72; Weisman, 18; Weisman, 18a; Weisman, 18c

Any statute or grant that diminishes common law rights must be read as narrowly as possible — the common law yields only what is expressly taken.

Things introduced contrary to the common law are not to be drawn into precedent.

Quae contra jus commune introducta sunt, non trahi in exemplum debent.

Source: Branch, Princ.; Jenk. Cent. 29

Exceptions carved out of the common law remain exceptions — they must not be expanded by analogy or used to justify further erosion of common law rights.

An affirmative statute does not derogate from the common law.

Statuta affirmativa non derogant juri communi.

Source: Jenk. Cent. 24; Weisman, 18g

A statute that creates a new right or procedure does not, by that creation, abolish the existing common law remedy — both stand unless the statute expressly provides otherwise.