I believe I explaned this to you before but here
Posted By: ironman1315
Date: Tuesday 11 June 2019, at 10:51 pm
Let me google that for you. http://lmgtfy.com/?q=common+law+definitio n
First link (dictionary.com): the part of English law that is derived from custom and judicial precedent rather than statutes.
So, common law is not the understanding of the common person or whatever you said. It is a body of law that grows out of judicial rulings rather than statutory law. Common law created civil things like torts, contract interpretation, property law, and served as the foundation for criminal law until governments started to codify criminal law.
Note that common law also concerns principles of equity and law, whereas statutes very rarely touch on equity.
Also also, even within a statutory scheme, common law still develops to interpret and enforce the provisions found therein. This particular body of law is a growing field incorporating corpus linguistics, canons of statutory construction, and incorporates ancient common law principles.
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