Skip to main content

Common Law

  • Living reference work entry
  • First Online:
The New Palgrave Dictionary of Economics
  • 84 Accesses

Abstract

Common law is a system of law and legal processes which originated in England shortly after the Norman Conquest and after several centuries of continuous development was exported to the English colonies, and so came to be the basis of the law of the greater part of the United States, as well as of Australia, New Zealand, most of Canada and (to a lesser degree) also of India, Pakistan, Bangla Desh and many parts of Africa. The chief characteristic of the common law has always been that its development has lain largely in the hands of the judges, and that it has therefore grown and changed incrementally, case by case, in the course of actual litigation.

This chapter was originally published in The New Palgrave: A Dictionary of Economics, 1st edition, 1987. Edited by John Eatwell, Murray Milgate and Peter Newman

This is a preview of subscription content, log in via an institution to check access.

Access this chapter

Institutional subscriptions

Bibliography

  • Atiyah, P.S. 1979. The rise and fall of freedom of contract. Oxford: Oxford University Press.

    Google Scholar 

  • Hayek, F.A. 1973. Law, legislation and liberty, Rules and Orders, vol. 1. London: Routledge & Kegan Paul.

    Google Scholar 

  • Hobbes, T. 1651. In Leviathan, ed. C.B. Macpherson. Harmondsworth: Penguin Books. 1968.

    Google Scholar 

  • Horwitz, M.J. 1977. The transformation of American Law 1780–1860. Cambridge, MA/London: Harvard University Press.

    Google Scholar 

  • Mill, J.S. 1848. Principles of political economy. From the fifth London edition. New York: D. Appleton & Co., 1908.

    Google Scholar 

  • Simpson, A.W.B. 1975. A history of the common law of contract. Oxford: Clarendon.

    Google Scholar 

  • Wagner, D.O. 1935. Coke and the rise of economic liberalism. Economic History Review 6(1): 30.

    Article  Google Scholar 

Download references

Author information

Authors and Affiliations

Authors

Editor information

Editors and Affiliations

Copyright information

© 1987 The Author(s)

About this entry

Cite this entry

Atiyah, P.S. (1987). Common Law. In: The New Palgrave Dictionary of Economics. Palgrave Macmillan, London. https://doi.org/10.1057/978-1-349-95121-5_594-1

Download citation

  • DOI: https://doi.org/10.1057/978-1-349-95121-5_594-1

  • Received:

  • Accepted:

  • Published:

  • Publisher Name: Palgrave Macmillan, London

  • Online ISBN: 978-1-349-95121-5

  • eBook Packages: Springer Reference Economics and FinanceReference Module Humanities and Social SciencesReference Module Business, Economics and Social Sciences

Publish with us

Policies and ethics