English Common Law vs. Natural Law

Attribute	English Common Law	Natural Law
Origin	Developed in England through judicial decisions and customs	Based on moral principles inherent in nature and reason
Source of Law	Judicial decisions, statutes, and customs	Moral principles and reason
Flexibility	Flexible and adaptable to changing circumstances	Less flexible, as it is based on universal moral principles
Role of Judges	Interpret and apply the law	Discover and apply the natural law principles
Enforcement	Enforced by courts and legal institutions	Believed to be self-enforcing due to its inherent moral authority

Introduction

English Common Law and Natural Law are two distinct legal systems that have shaped the legal landscape in different ways. While both systems have their own unique characteristics, they also share some similarities. In this article, we will explore the attributes of English Common Law and Natural Law and compare them in terms of their origins, principles, and application.

Origins

English Common Law is a legal system that originated in England and has been developed over centuries through judicial decisions and precedents. It is based on the principle of stare decisis, which means that courts are bound to follow the decisions of higher courts in similar cases. Natural Law, on the other hand, is a theory of law that is based on moral principles and the idea that there are inherent rights and wrongs that are universal and timeless. It is believed to have originated in ancient Greece and Rome, and has been influential in shaping legal systems around the world.

Principles

English Common Law is characterized by its flexibility and adaptability, as it allows judges to interpret and apply the law based on the specific facts of each case. It is also known for its reliance on precedent, which helps ensure consistency and predictability in legal decisions. Natural Law, on the other hand, is based on the idea that there are certain fundamental principles that govern human behavior and that these principles should be reflected in the law. It emphasizes the importance of justice, fairness, and the protection of individual rights.

Application

In terms of application, English Common Law is primarily used in countries that were former British colonies, such as the United States, Canada, Australia, and India. It is also used in England and Wales, where it continues to evolve through judicial decisions and legislation. Natural Law, on the other hand, has influenced legal systems around the world, including civil law systems in continental Europe and Latin America. It has also been influential in the development of international law and human rights law.

Role of Judges

In English Common Law, judges play a central role in interpreting and applying the law. They are responsible for making decisions in individual cases and for developing the law through their rulings. Judges are bound by precedent, but they also have the authority to depart from precedent in certain circumstances. In Natural Law, judges are seen as interpreters of moral principles and are expected to apply the law in a way that is consistent with these principles. They are guided by the idea that the law should reflect universal truths and promote justice.

Conclusion

In conclusion, English Common Law and Natural Law are two distinct legal systems that have influenced the development of law in different ways. While English Common Law is based on judicial decisions and precedents, Natural Law is rooted in moral principles and the idea of universal rights and wrongs. Both systems have their own strengths and weaknesses, and have played a significant role in shaping legal systems around the world.