Philosophy of Society

Philosophy of Law

The Anglo-Saxon Legal Family

Although England has always been one of the Christian countries of Europe, it developed a legal system with distinct characteristics that set it apart from the Romano-Germanic legal family. As England’s political influence expanded, so did its legal system, leading to its adoption by countries that were British colonies or are part of the Commonwealth of Nations. The formation of the Anglo-Saxon legal system is divided into four distinct periods:

• The first period, from the Roman conquest of what is now England until 1066, saw England under Roman rule but with minimal use of Roman law by the local population, who primarily relied on their own customary laws. When Germanic tribes (Angles, Saxons, and Jutes) arrived, they brought their own customary laws. Consequently, there was no unified legal system; Romans used Roman law, Celts followed Celtic customs, and Germans adhered to their Germanic codes, resulting in each community living by its own legal norms.
• The second period began in 1066 with the Norman Conquest by William the Conqueror and lasted until 1485, when the Tudor dynasty ascended to the English throne. William's conquest centralized power, but the law remained highly diverse. During this time, England lacked a unified legal foundation. The absence of a common legal base led to the rise of a distinct feature of English jurisprudence: reliance on judicial precedents rather than laws enacted by central authority. Thus, the hallmark of English law is not its stateness but its common law character, where judicial decisions serve as binding precedents rather than legislation.
• The third period, from 1485 to 1832, began with the Tudor dynasty and was marked by attempts to centralize power under the monarchy. Henry VII initiated centralization, and his son Henry VIII further asserted control by separating the Church of England from the Catholic Church. The judiciary's common law, operating independently of the crown, could be problematic, leading to inconsistencies and injustices. To address this, courts of equity were established under the Lord Chancellor, which relied on statutes issued by the monarchy and had the authority to review decisions from ordinary courts. Thus, this era featured two parallel legal systems: common law and equity.
• The fourth period, starting in the mid-19th century and continuing to the present day, is characterized by significant reforms in jurisprudence, merging the two systems of law, and codifying legal norms.

Thus, an English judge’s decision is based on three sources:

• Judicial precedents are the primary source of law: decisions from past cases are considered sufficient grounds for future rulings. However, when courts arrive at conflicting decisions on similar issues, English law differentiates between higher and lower courts. Decisions from higher courts (House of Lords, Court of Appeal, and Crown Court) are binding precedents, while those from lower courts are not obligatory.
• Legislation and subordinate legal acts also serve as sources of law but are secondary to judicial precedents. England does not have a single constitution; instead, its constitutional role is fulfilled by historical documents such as the Magna Carta (1215), the Bill of Rights (1689), the Act of Settlement (1701), and other documents, many of which originated as judicial precedents.
• Customary law can also be a basis for judicial decisions, though it is rarely invoked. A law from 1265 permits reference only to customs existing before 1189, so current customs are infrequently cited.

Among the countries that have adopted the Anglo-Saxon legal system is the United States, where judicial precedents are also a primary source of law. However, in the U.S., laws are codified, and the primary legal document is the Constitution of the United States (1787), consisting of a preamble, seven articles, and twenty-seven amendments.