Glasgow, United Kingdom

Common Law / English Literature

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.
English
English usually refers to:
English Literature
This article is focused on English-language literature rather than the literature of England, so that it includes writers from Scotland, Wales, and the whole of Ireland, as well as literature in English from countries of the former British Empire, including the United States. However, until the early 19th century, it only deals with the literature of the United Kingdom and Ireland. It does not include literature written in the other languages of Britain.
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.
Literature
Literature, most generically, is any body of written works. More restrictively, literature writing is considered to be an art form, or any single writing deemed to have artistic or intellectual value, often due to deploying language in ways that differ from ordinary usage.
Literature
La mode d'aimer Racine passera comme la mode du café.
The fashion of liking Racine will pass away like that of coffee.
Law
Before I be convict by course of law,
To threaten me with death is most unlawful.
William Shakespeare, Richard III (c. 1591), Act I, scene 4, line 192.
Literature
From the hour of the invention of printing, books, and not kings, were to rule the world. Weapons forged in the mind, keen-edged, and brighter than a sunbeam, were to supplant the sword and battle-axe. Books! lighthouses built on the sea of time! Books! by whose sorcery the whole pageantry of the world's history moves in solemn procession before our eyes. From their pages great souls look down in all their grandeur, undimmed by the faults and follies of earthly existence, consecrated by time.
Edwin Percy Whipple, p. 386.
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