Background and Definitions
Law refers to a system of rules or statement of fact a country identifies to make out as regulating the actions of its citizens and usually imposition of consequences (Hayek, 2012). There are four kinds of law namely common law, criminal law, civil law and administrative law.
Common law refers to the law that judges make rather than the legislature. The judges are the ones who consider both civil and criminal matters, so they deliver ruling, make decisions and create precedents (Hunter, 2015).
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Advantages of the Use of Common Law
Specificity
Common law elaborates, simplifies and implements the legislation. The work of the judges in common law is examination of given evidences for every case, then interpretation appropriate legislation and administration of law in agreement to the outcomes.
Unforeseen cases
Common law usually answers to cases and facts, even though they might have not been anticipated by the government. It is not possible for the parliament to legislate every single situation that arises in society. Common law therefore studies and develops answers to real life conditions.
Disadvantages of the Use of Common Law
Reactive not proactive
As opposed to the legislation, courts have no authority to change the law at their own consensus. They deal with the cases handed to them.
Secondary function
The making of legislation is the main function of parliament. On the other hand, this does not apply to common law. The primary existence of the courts is in administering justice. Development of common is therefore is usually a secondary outcome.
References
Hayek, F. A. (2012). Law, legislation and liberty: a new statement of the liberal principles of justice and political economy . Routledge.
Hunter, R. (2015). More than just a different face? Judicial diversity and decision-making. Current Legal Problems , 68 (1), 119.
