1 - A Brief Introduction to the Common Law

Summary

Law can be divided into sets of binary categories. One such set consists of public law, which concerns such matters as the powers of governmental institutions, on the one hand, and private law, which concerns such matters as the relationships between private persons, on the other. Another set consists of civil law and common law. In civil law systems, which prevail in Europe, Latin America, and most of Asia, public law is largely found in statutes, while private law is largely found in civil codes. In common law systems, which prevail in England and former English colonies, in particular the United States, private law is largely made by courts, in the form of rules adopted in judicial decisions. American private law is largely made by courts because complex societies need a great deal of private law to facilitate private planning, shape private conduct, and facilitate the settlement of private disputes, and the capacity and ability of American legislatures to make private law is limited. As a result, American courts have two functions: resolving disputes and making law.