JURI-2106EL Lecture 3: Evolution of Common Law
24 Sep 2015
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Document Summary
Opportunities to change law part of the decision making process. No rigid answer in any particular situation. Even meaning of words subject to interpretation: see carter reading. Judges have discretion, flexibility in determining the applicable law. Common law thus an historical process and artifact. Deep historical roots of common law and hence of private law. Reception of english common law in ontario 1792. Common law reasoning requires sense of history. Structure of private law dictated by common law, even when amended by legislation. Needs to reflect social, political, economic background, policies, priorities. Common law must be understood to understand legislative changes. There is a high degree of certainty in the application of the law. Reinforced by principles that ignorance or mistake of law no excuse. Often results in differing decisions at trial and appeal. You need not agree with everything you read, not even with judges. Common law (judge made law) being gradually impinged on by legislatures.
