ABSTRACT
The influence of the common law tradition is far flung because many of the most powerful countries today use it as a model for their systems of justice. Its distribution has occurred in one of three ways. Those countries “seeded,” such as Hong Kong and India, were well developed before the arrival of the English, and the system was imposed upon them. “Settled” colonies, such as the United States and Canada and Australia, were not well developed when the English came. The English founders of those nations simply copied the system of the mother country. Finally, there were “conquered” colonies, such as South Africa, who were under the influence of another power before control was taken forcefully by England.3 Most of the references made in this chapter are to England. However, on numerous occasions the United States is used to illustrate a point. The common law tradition in England developed from three historical sources: feudal practices, custom, and equity.4
