History of English Law in England and Wales

    English law is the legal system of England and Wales, and is the basis of common law, legal systems used in most Commonwealth countries and the United States except Louisiana (as opposed to civil law or pluralist systems in use in other countries). It was exported to Commonwealth countries while the British Empire was established and maintained, and it forms the basis of the jurisprudence of most of those countries. English law prior to the American Revolution is still part of the law of the United States through reception statutes, except in Louisiana, and provides the basis for many American legal traditions and policies, though it has no superseding jurisdiction.
    English law in its strictest sense applies within the jurisdiction of England and Wales. Whilst Wales now has a devolved Assembly, any legislation which that Assembly enacts is enacted in particular circumscribed policy areas defined by the Government of Wales Act 2006, other legislation of the Parliament of the United Kingdom, or by orders in council given under the authority of the 2006 Act. Furthermore that legislation is, as with any by-law made by any other body within England and Wales, interpreted by the undivided judiciary of England and Wales.
    The essence of English common law is that it is made by judges sitting in courts, applying their common sense and knowledge of legal precedent (stare decisis) to the facts before them. A decision of the highest appeal court in England and Wales, the Supreme Court of the United Kingdom, is binding on every other court in the hierarchy, and they will follow its directions. For example, there is no statute making murder illegal.[citation needed] It is a common law crime - so although there is no written Act of Parliament making murder illegal, it is illegal by virtue of the constitutional authority of the courts and their previous decisions. Common law can be amended or repealed by Parliament; murder, by way of example, carries a mandatory life sentence today, but had previously allowed the death penalty.
    England and Wales are constituent countries of the United Kingdom, which is a member of the European Union. Hence, EU law is a part of English law. The European Union consists mainly of countries which use civil law and so the civil law system is also in England in this form. The European Court of Justice can direct English and Welsh courts on the meaning of areas of law in which the EU has passed legislation.
    The oldest written law currently in force is the Distress Act, part of the Statute of Marlborough, 1267 (52 Hen. 3).[5] Three sections of Magna Charta, originally signed in 1215 and a landmark in the development of English law, are extant but arguably they date to the consolidation of the act in 1297.

History of English Law

    The Commentaries were long regarded as the leading work on the development of English law and played a role in the development of the American legal system. They were in fact the first methodical treatise on the common law suitable for a lay readership since at least the middle Ages. The common law of England has relied on precedent more than statute and codifications and has been far less amenable than the civil law, developed from the Roman law, to the needs of a treatise. The Commentaries were influential largely because they were in fact readable, and because they met a need. The work is as much an apologia for the legal system of the time as it is an explanation, even when the law was obscure, Blackstone sought to make it seem rational, just, and inevitable that things should be how they were.
    The Commentaries are often quoted as the definitive pre-Revolutionary source of common law by United States courts. Opinions of the Supreme Court of the United States quotes from Blackstone's work whenever they wish to engage in historical discussion that goes back that far, or farther (for example, when discussing the intent of the Framers of the Constitution). The book was famously used as the key in Benedict Arnold's book cipher, which he used to communicate secretly with his conspirator John André during their plot to betray the Continental Army during the American Revolution.   
    The Commentaries on the Laws of England are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765-1769. The work is divided into four volumes, on the rights of persons, the rights of things, of private wrongs and of public wrongs.