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

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.

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.

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.

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.

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.