For law students looking to understand the foundations of the legal system, common law is a fundamental subject. Unlike statutes or regulations, common law evolves through judicial decisions and precedents, providing a rich framework for interpreting and applying law in various contexts. Whether you are preparing for exams or aiming for a career in litigation, public law, or legal analysis, mastering common law principles is essential.
What is Common Law?
Common law refers to the body of law developed through judicial decisions, as opposed to statutory law, which is enacted by legislatures. The common law system is based on precedents—previous judicial rulings that guide future decisions. It originated in England and has influenced legal systems across the world, including the United States.
In the common law tradition, judges interpret and apply legal principles to specific cases, and their rulings become binding precedents for future cases. This creates a dynamic legal framework that adapts over time as societal norms and issues evolve. The balance of judicial independence with the need for consistency and predictability makes common law a powerful tool in shaping modern legal systems.
Why is Common Law Important for Law Students?
For law students, understanding common law is indispensable. Common law principles underpin many areas of law—contract law, tort law, property law, constitutional law, and more. Whether you are interested in practicing litigation, working in corporate law, or engaging with public policy, common law provides the critical thinking tools needed to analyze legal problems and craft solutions.
Common law is also deeply connected to constitutional principles. Many modern legal challenges—such as interpreting the scope of constitutional rights, balancing legislative and judicial powers, or understanding the evolution of legal doctrines—can only be understood through a solid grasp of common law reasoning and precedent.
In practice, judges and lawyers alike constantly refer to common law principles, making it a core subject of study. Moreover, understanding the intricacies of common law will benefit students in future roles, whether as litigators, clerks, or legal advisors, providing them with a strong foundation for interpreting legal texts and navigating the complexities of legal reasoning.
Common Law at No. 86: A Comprehensive Course for the Aspiring Legal Professional
The No. 86 Common Law Course is designed to give law students a deep and practical understanding of the common law system. The course provides an in-depth examination of the foundational concepts, historical development, and modern applications of common law, with a focus on preparing students for effective legal practice and scholarly analysis.
Course Overview: What You’ll Learn
Our course provides a comprehensive introduction to the principles of common law through clear explanations and illustrative examples. Key modules include:
- Introduction to Common Law: Can simple rules solve social coordination problems better than regulations? Professor Richard Epstein of NYU School of Law provides an alternative to the conventional view that property rights are arbitrarily created by the state, and therefore can be changed at will by the state.
- Property and the Common Law: Are property rights arbitrary creations of the state, able to be changed at any time? Or is there some deeper principle at work? Professor Richard Epstein of NYU School of Law defines the rules of property, then goes through a variety of cases and examples integral to Anglo-American property law.
- Common Law and Contracts: What kinds of agreements are covered by the law of contracts? Professor Richard Epstein of NYU School of Law gives a basic definition, then goes through a variety of transactions, from simple to complex, where contracts with increasing degrees of formality are used.
- Common Law and Torts: How does the law of tort stabilize the common law system? Professor Richard Epstein of NYU School of Law explores how torts set and enforce boundaries between parties.
Ready to dive in? Here are some videos from our Common Law course to help you get started:
- Studying the Common Law
- Establishing Conditions in Contracts
- What Happens When a Contract Becomes “Impossible”?
- Capture and Dealing with Common Property
- Deliberate Harm in Tort Law
By enrolling in the course (for free!), you will also receive updates about new content, resources, and insights on common law and its ongoing evolution.
Interested? Enroll Now!
The No. 86 Common Law Course provides a rich foundation for law students preparing to navigate the complexities of legal reasoning, judicial decision-making, and the application of legal principles across various areas of law. Enroll today to strengthen your understanding of this vital legal tradition.