Key Ways in which the Law Develops under Common Law

Fundamentals of Law and Professional Ethics (IPREG FL & PE)
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Key Ways in which the Law Develops under Common Law
Every society develops laws that govern it. Legal rules are different from moral rules because they carry with them the community’s authority. The meaning of law and how it develops has been the subject of philosophical discussion and historical analysis for eons. The subject of jurisprudence found in common law is also devoted to such discussions. Common law develops in most societies, and legal teams may write them down in codes. One way in which the law develops from common law is through legal precedents.[Karl N Llewellyn, The common law tradition: deciding appeals (Vol. 16). Quid Pro Books: New Orleans, 2016]
According to Sokol, common laws are unwritten laws that follow legal precedents established by the courts. Legal precedents are decisions made in previous similar cases to decide how the court will judge a case. It means that courts are to be guided by past decisions of courts, especially courts with higher authority. So, the courts' decision determines the extent to which the law is written. If no past case within a similar situation occurs, the judiciary makes a new decision, which would become a precedent for a future similar case.[Daniel Sokol. Rethinking the efficiency of the common law. Notre Dame Law Review 95, no. 1 (2019): 795-814.]
Another way is through court proceedings. The courts often apply local customs in deciding local disputes. Over time, these customs become laws used by courts to make similar disputes. Since common law is judge-made law, it influences the decision-making process in unusual cases where courts cannot determine the outcome based on existing statutes. Today, most laws are made through legal proceedings. It means that a law may be made based on court opinions and interpretations from judicial authorities and public juries during a case determination. The result is the outcome of the common law, and it can become a written law used in other legal processes.[Ibid...