Glasgow, United Kingdom

Common Law / Economic and Social History

Bachelor's
Language: EnglishStudies in English
Subject area: law
Qualification: LLB
Kind of studies: full-time studies
Bachelor of Laws (LLB)
University website: www.gla.ac.uk
Common Law
Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals. The defining characteristic of “common law” is that it arises as precedent. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision (a principle known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a "matter of first impression"), and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue (one party or the other has to win, and on disagreements of law, judges make that decision). The court states an opinion that gives reasons for the decision, and those reasons agglomerate with past decisions as precedent to bind future judges and litigants. Common law, as the body of law made by judges, stands in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch (the interactions are explained later in this article). Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems.
History
History (from Greek ἱστορία, historia, meaning "inquiry, knowledge acquired by investigation") is the study of the past as it is described in written documents. Events occurring before written record are considered prehistory. It is an umbrella term that relates to past events as well as the memory, discovery, collection, organization, presentation, and interpretation of information about these events. Scholars who write about history are called historians.
Law
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
Social
Living organisms including humans are social when they live collectively in interacting populations, whether they are aware of it, and whether the interaction is voluntary or involuntary.
Social History
Social history, often called the new social history, is a field of history that looks at the lived experience of the past. In its "golden age" it was a major growth field in the 1960s and 1970s among scholars, and still is well represented in history departments in Britain, Canada, France, Germany, and the United States. In the two decades from 1975 to 1995, the proportion of professors of history in American universities identifying with social history rose from 31% to 41%, while the proportion of political historians fell from 40% to 30%. In the history departments of British and Irish universities in 2014, of the 3410 faculty members reporting, 878 (26%) identified themselves with social history while political history came next with 841 (25%).
History
The history of every country begins in the heart of a man or woman.
Willa Cather, O Pioneers!, Pt. I, Ch. 5 (1913)
Law
Inertis est nescire, quid liceat sibi.
Id facere, laus est, quod decet; non, quod licet.
It is the act of the indolent not to know what he may lawfully do. It is praiseworthy to do what is becoming, and not merely what is lawful.
Law
We must not, by any whimsical conceits supposed to be adapted to the altering fashions of the times, overturn the established law of the land: it descended to us as a sacred charge, and it is our duty to preserve it.
Lord Kenyon, C.J., Clayton v. Adams (1796), 6 T. R. 605.
Privacy Policy