Document Type
Article
Publication Date
2025
Publication Information
2025 U. Chi. L. Rev. Online 1
Abstract
From the article
The common law is, among other things, a mode of legal development. In this mode, judges develop the law yet simultaneously act as if they were only discovering law that already existed. This sketch of the common law introduces contemporary readers to a way of thinking and talking about law that was once instinctive for judges. The common law as a mode of development may seem alien at certain points, yet its influence on the legal systems of the United States has been enormous, and it is critical background for understanding the grant of “the judicial power” in the U.S. Constitution.
Recommended Citation
Samuel L. Bray,
The Concept of the Common Law,
2025 U. Chi. L. Rev. Online 1.
Available at:
https://scholarship.law.nd.edu/law_faculty_scholarship/1890