What is the common law, and how do judges find it?

1. WHAT HE SAID (the record)

Record ledger

• BELIEF (undated): William Blackstone believed that the common law courts have cognizance of all injuries not exclusively under ecclesiastical, military, or maritime tribunals, based on the principle that every right withheld must have a remedy. He also outlined specific legal remedies for certain types of injuries, such as the writ of procedendo for delayed justice. (key quote above) [1]
• ACTION (editor's note) (undated; editor's note, not his words): The editor reports that William Blackstone's cases are not now considered as authority. The editor explains that this is because many changes in judicial current have occurred, and the weight given to prior determinations depends on the circumstances of the case. (key quote above) [2]
• ACTION (editor's note) (undated; editor's note, not his words): The editor reports that the common law has inherited some of its most remarkable features from the ancient law of Normandy, as recognized by Stephen. This is stated as a fact in the context of explaining the origins of the common law. (key quote above) [3]
• ACTION (editor's note) (undated; editor's note, not his words): The editor reports that by statute 1 Will. IV. c. 70 and the Common-Law Procedure Act, 1852, errors upon judgments from the Queen's Bench, Common Pleas, or Exchequer must be reviewed in the Exchequer chamber before judges from the other two courts, and then may proceed to the House of Lords. "by statute 1 Will. IV. c. 70, and the Common-Law Procedure Act, 1852, error upon any judgment of the Queen's Bench, Common Pleas, or Exchequer must be brought in the Exchequer chamber before the judges, or judges and barons, as the case may be, of the other two courts, whence it again lies to the house of lords." [4]

What cuts against it

• The contrary-evidence entries are already in the record ledger above: [2].

2. HOW IT APPLIES (reasoning; inference is marked)

1. William Blackstone outlined that the common law courts have cognizance of all injuries not under exclusive jurisdiction of other tribunals. [1]

2. He emphasized the principle that every right withheld must have a remedy, which underpins the common law's role in providing redress. [1]

3. The common law is described as having inherited some of its most remarkable features from the ancient law of Normandy, according to the editor's note. [3]

4. The editor also notes that by statute, errors upon judgments from certain courts must be reviewed in the Exchequer chamber before proceeding to the House of Lords. [4]

5. The editor's note indicates that Blackstone's cases are not now considered as authority, suggesting a shift in judicial reliance over time. [2]

3. HIS TAKE

Record coverage: PARTIAL

The record is silent on the exact process by which judges find the common law in modern times. However, Blackstone's principles suggest that the common law is a system of law that provides remedies for injuries not under other jurisdictions, and it has historical roots in Norman law.

Extrapolation: Blackstone would likely support the idea that judges find the common law through precedent and the application of established legal principles.

Competing readings: The editor's note suggests that Blackstone's cases are not now considered as authority, which implies that the reliance on precedent may have evolved. This is an inference based on the editor's words.

Confidence: Moderate, as the record provides principles but not the exact process of how judges find the common law today.