ABSTRACT
This chapter explores the major sources of English law and attempts to put forward ways of categorising and ordering those sources. The use of case law defines the English Legal System to the extent that it is referred to as a ‘common law system’ and is contrasted with other systems, such as those following a civil law tradition, that rely less heavily upon the use of judges in developing the law. The common law developed organically out of local custom and practice in the different regions of England and, from the 11th century onwards, a more consistent application of principle was developed from these decided cases. The concept of ‘custom and practice’ as a source of law is one that receives little attention from modern writers, but it is a source that remains important in certain circumstances. Equally, the range of remedies available under the common law was limited.
