What is common law primarily defined as?

Common law is primarily defined as law that has evolved from custom and judicial precedent. This system of law develops over time through the judgments and decisions made by courts as they interpret statutes and address legal disputes. Each decision contributes to a body of law that influences future cases, creating a consistent legal framework based on established principles and prior rulings.

In contrast to laws established by legislative enactment, common law is not created by legislation but rather arises from the historical practices and applications of the law by judges. It is also distinct from statutory law, which is explicitly written and enacted by a legislature. Therefore, common law is a key element of the legal system in many jurisdictions, particularly those with a history tied to English law, where the accumulation of judicial decisions shapes legal standards and understanding over time.

The notion of law operating only on a local basis does not capture the essence of common law, as it is often recognized and applied across broader jurisdictions. In summary, common law is integral to the legal landscape because it reflects the evolution of legal principles through court decisions rather than through legislative action.