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Common Law vs. Statutory Law — What's the Difference?

By Tayyaba Rehman — Published on October 17, 2023
Common law is developed by judges through decisions of courts, relying on precedent, while statutory law is written and enacted by legislative bodies.

Difference Between Common Law and Statutory Law

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Key Differences

In essence, common law and statutory law together form the backbone of legal systems, combining the stability and clarity of legislated law with the adaptability and nuanced judgment of case law, to ensure justice and equity within society.
Tayyaba Rehman
Oct 17, 2023
The principles of common law are derived primarily from legal precedents and are continually evolved and refined through subsequent court decisions, reflecting societal values and changes over time. It allows for flexibility and adaptability in the legal system, permitting judges to make decisions based on the unique circumstances of each case. Statutory law, however, is explicit and precise, offering clear and unambiguous legal provisions, rules, and regulations, formulated and adopted by elected representatives of the people, reflecting the will of the majority.
Tayyaba Rehman
Oct 17, 2023
In terms of interpretation and application, common law is predominantly interpretive, requiring judges to make decisions based on the interpretation of legislative law and precedent, and it contributes to the development of legal principles. Conversely, statutory law requires interpretation by the courts but is fundamentally prescriptive, outlining how individuals should act and stipulating the legal consequences of specific actions.
Tayyaba Rehman
Oct 17, 2023
When conflicts arise, statutory law generally takes precedence over common law. If a statute is clear and unambiguous, it will apply regardless of previous common law rulings to the contrary. However, where statutory law is silent or ambiguous, common law principles may be invoked to resolve disputes and fill gaps in the law.
Tayyaba Rehman
Oct 17, 2023
Common law and statutory law are integral components of legal systems, serving different purposes and deriving from different sources. Common law, also known as case law or judge-made law, is developed by judges through decisions of courts and similar tribunals, relying heavily on precedent, meaning the outcomes of previous cases. In contrast, statutory law is comprised of written laws that have been enacted by a legislative body, such as Congress or Parliament, providing clear, codified statutes that are applicable to everyone within their jurisdiction.
Tayyaba Rehman
Oct 17, 2023
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Comparison Chart

Source

Developed by judges through court decisions
Written and enacted by legislative bodies
Tayyaba Rehman
Oct 17, 2023

Nature

Interpretive, based on precedent
Prescriptive, based on codified statutes
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Oct 17, 2023

Flexibility

Highly flexible and adaptable
Fixed until amended by legislature
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Oct 17, 2023

Precedence

Generally overridden by clear statutory law
Takes precedence over common law
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Oct 17, 2023

Application

Evolves and refines legal principles
Provides clear, unambiguous legal provisions
Tayyaba Rehman
Oct 17, 2023
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Definitions

Common Law

Primarily interpretive, contributing to the development of legal principles.
Through common law, judges interpret and refine legal principles.
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Oct 02, 2023

Statutory Law

Provides clear, codified statutes applicable to everyone within their jurisdiction.
Everyone is subject to the regulations stipulated in statutory law.
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Oct 02, 2023

Common Law

A legal system where law is developed by judges through decisions of courts.
Common law is crucial for interpreting and applying statutory law.
Tayyaba Rehman
Oct 02, 2023

Statutory Law

Reflects the will of the majority as formulated by elected representatives.
Statutory law is enacted to reflect societal norms and values.
Tayyaba Rehman
Oct 02, 2023

Common Law

It relies heavily on precedent, the outcomes of previous cases.
In common law, judges often refer to precedents to make their rulings.
Tayyaba Rehman
Oct 02, 2023

Statutory Law

Takes precedence over common law when clear and unambiguous.
Clear statutory law will apply irrespective of contrary common law rulings.
Tayyaba Rehman
Oct 02, 2023

Common Law

It evolves and adapts to societal values and changes over time.
Common law allows for flexibility and adaptability in the legal system.
Tayyaba Rehman
Oct 02, 2023

Statutory Law

Consists of written laws enacted by a legislative body.
Statutory law provides clear and explicit legal provisions.
Tayyaba Rehman
Oct 02, 2023

Common Law

Can be overridden by clear, unambiguous statutory law.
When statutory law is explicit, it supersedes conflicting common law principles.
Tayyaba Rehman
Oct 02, 2023

Statutory Law

Requires interpretation by courts but is fundamentally prescriptive.
Courts must interpret statutory law and apply it as prescribed.
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Oct 02, 2023

Common Law

Of, relating to, or based on common law.
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Oct 01, 2023

Common Law

Of or relating to a common-law marriage.
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Oct 01, 2023

Common Law

Of or pertaining to common law.
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Oct 01, 2023

Common Law

Relating to common-law marriage.
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Oct 01, 2023

Common Law

Based on common law;
A common-law right
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Oct 01, 2023

FAQs

Does common law rely on precedent?

Yes, common law heavily relies on the outcomes of previous cases, or precedent.
Tayyaba Rehman
Oct 17, 2023

How is common law developed?

Common law is developed by judges through decisions of courts and similar tribunals.
Tayyaba Rehman
Oct 17, 2023

What is the source of statutory law?

Statutory law is sourced from written laws enacted by a legislative body.
Tayyaba Rehman
Oct 17, 2023

Is statutory law prescriptive in nature?

Yes, statutory law is fundamentally prescriptive, outlining how individuals should act and the legal consequences of specific actions.
Tayyaba Rehman
Oct 17, 2023

Is statutory law based on codified statutes?

Yes, statutory law is based on clear, codified statutes provided by legislative bodies.
Tayyaba Rehman
Oct 17, 2023

Does statutory law take precedence over common law?

Yes, clear and unambiguous statutory law generally takes precedence over conflicting common law principles.
Tayyaba Rehman
Oct 17, 2023

Does common law contribute to the development of legal principles?

Yes, common law contributes significantly to the evolution and refinement of legal principles through its interpretive nature.
Tayyaba Rehman
Oct 17, 2023

Does statutory law provide clear legal provisions?

Yes, statutory law provides clear, unambiguous legal provisions, rules, and regulations.
Tayyaba Rehman
Oct 17, 2023

Is common law interpretive in nature?

Yes, common law is predominantly interpretive, requiring judges to make decisions based on interpretation of law and precedent.
Tayyaba Rehman
Oct 17, 2023

Can common law evolve and adapt over time?

Yes, common law is highly flexible, adapting to societal values and changes over time.
Tayyaba Rehman
Oct 17, 2023

Does common law apply to everyone within its jurisdiction?

Common law principles, once established, apply to everyone within the jurisdiction, subject to statutory law.
Tayyaba Rehman
Oct 17, 2023

Can statutory law be changed easily?

No, statutory law is fixed until amended by the legislature, requiring a formal process.
Tayyaba Rehman
Oct 17, 2023

Can common law fill gaps in statutory law?

Yes, where statutory law is silent or ambiguous, common law principles may be invoked to resolve disputes and fill gaps.
Tayyaba Rehman
Oct 17, 2023

Do common law and statutory law serve different purposes in the legal system?

Yes, common law and statutory law serve different purposes, combining the stability and clarity of legislated law with the adaptability and nuanced judgment of case law.
Tayyaba Rehman
Oct 17, 2023

Can statutory law reflect societal norms and values?

Yes, statutory law, enacted by elected representatives, reflects the will of the majority and societal norms and values.
Tayyaba Rehman
Oct 17, 2023

Author Spotlight

Written by
Tayyaba Rehman
Tayyaba Rehman is a distinguished writer, currently serving as a primary contributor to askdifference.com. As a researcher in semantics and etymology, Tayyaba's passion for the complexity of languages and their distinctions has found a perfect home on the platform. Tayyaba delves into the intricacies of language, distinguishing between commonly confused words and phrases, thereby providing clarity for readers worldwide.

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