Common Law of England
idea · 3 works · 4 mentions · 9 anchored passages
Common Law · common law · common law of England · the Common Law · the Common Law of England · the common law of England · the law of England · unwritten law
in the texts
The Unconstitutionality of Slavery
The body of English judge-made law inherited by the American colonies and later recognized by American courts.
The authority of these charters, during their continuance, and the general authority of the common law, prior to the revolution, have been recognized by the Supreme Court of the United States.
When our ancestors came to this country, they brought with them the common law of England, including the writ of habeas corpus, (the essential principle of which, as will hereafter be shown, is to deny the right of property in man,) the trial by jury, and the other great principles of liberty, which prevail in England, and which have made it impossible that her soil should be trod by the foot of a slave.
This guaranty, of “the common law of England” to all “the inhabitants of Maryland,” without discrimination, is incompatible with any slave acts that existed on the statute book;
The Law of Intellectual Property
The body of English legal principle identified by the author with natural justice, argued to underlie and support intellectual property rights.
The Common Law of England, then, with a few exceptions, which are wholly immaterial to the question of intellectual property, consists of, and is identical with, the simple principles of natural justice.
In the progress of the human race from savageism to civilization, and from brutish ignorance to the present state of enlightenment, this science of justice, which in England is called the Common Law, has of necessity made great progress;
In order to determine whether the Common Law of England sustains the right of authors and inventors to an absolute and perpetual property in their ideas, it is only necessary to determine what the Common Law of England really is.
The Constitutional Documents of the Puritan Revolution, 1625–1660
The Common Law of England, invoked throughout as the framework that both empowers and constrains the King's actions in matters of defence and taxation.
yet it is Concilium Regni no otherwise than the Common Law is Lex Terrae, that is per modum Regis whose it is;
So that as the care and provision of the law of England extends in the first place to foreign defence, and secondly lays the burden upon all, and for ought I have to say against it, it maketh the quantity of each man’s estate the rule whereby this burden is to be equally apportioned upon each person;
—I now come to my second general head, wherein I proposed to consider of the fundamental policy, and maxims, and rules of law, for the government of this realm, and of the reasons of law pertinent to our case, which are very many.