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English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. [ 1 ] [ 2 ] [ 3 ] The judiciary is independent , and legal principles like fairness , equality before the law , and the right to a fair trial are foundational to the system.
The title page of the first book of William Blackstone's Commentaries on the Laws of England (1st ed., 1765). The Commentaries on the Laws of England [1] (commonly, but informally known as Blackstone's Commentaries) are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford between 1765 and 1769.
Reception statutes generally consider the English common law dating prior to independence, and the precedent originating from it, as the default law, because of the importance of using an extensive and predictable body of law to govern the conduct of citizens and businesses in a new state.
Thus, common law is declaratory, and this is often retrospective in effect. For example, see Shaw v DPP [1] and R v Knuller. [2] In the search for justice and fairness, there is a tension between the needs for, on one hand, predictability and stability, and "up-to date law", on the other. [3] There is a hierarchy of courts, and a hierarchy of ...
Civil law is a major "branch of the law", in common law legal systems such as those in England and Wales and in the United States, where it stands in contrast to criminal law. [ 1 ] [ 2 ] Private law , which relates to civil wrongs and quasi-contracts , is part of civil law, [ 3 ] as is law of property , excluding property-related crimes , such ...
The common law defence of self-defence applies where the defendant uses necessary, reasonable and proportionate force to defend themselves or another from imminent attack. It is a complete defence to all non-sexual offences involving the unlawful use of force (anything from battery to murder).
Calvin's Case (1608), 77 ER 377, (1608) Co Rep 1a, also known as the Case of the Postnati, [1] was a 1608 English legal decision establishing that a child born in Scotland, after the Union of the Crowns under King James VI and I in 1603, was considered under the common law to be an English subject and entitled to the benefits of English law.
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, justice and Tory politician most noted for his Commentaries on the Laws of England, which became the best-known description of the doctrines of the English common law. [1]