Anglo-Saxon Law Throughout History

General History Policy

30.03.2021

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Anglo-Saxon Law is a body of legal principles, customs and rules that took place in England from the 6th century to the Norman Conquest in 1066. The word “Anglo-Saxon” expresses the race of England. It consists of a compound word. The concept is the name of two nations that invaded England in history; Angles and Saxons.

Invasions of England Map (Angles & Saxons)

Common Law

After the Norman Conquest in 1066, Normans created a new law system that will take over in England. They sent judges all over the country to make them solve legal problems by the customs and traditions of the region they went to. The purpose of this new law system was to have a common law established by judges, that will be valid throughout the country. That is why this law system was named “Common Law”.

Equity Law

People who thought they could not find justice with the Common Law, started to appeal to the King, using the motto of “For the love of God and the way of charity!”. Some rules of fairness developed in order to compensate for the incomplete formal rules of the Common Law. As of 1474, those rules of fairness became more specific and created the new system that was called Equity Law. In the following period, Equity Law started to conflict with the Common Law. Finally, with the laws enacted in between the years of 1873 and 1875, the courts gained the authority to implement the system they wanted.

A Court Applying Equity Law

Statute Law

Statute Law came to be a solution, as Common Law and Equity Law could not adapt to the changing conditions of the time. This system was based on solving problems through legislative activities, therefore the source of this new system was the parliament itself.

Anglo-Saxon (Common) Law

Today’s Anglo-Saxon Law (which is also known as Common Law), includes all three legal systems. It was formed as a result of the cumulative development of these three legal systems. Anglo-Saxon Law is based on the rules of customs, not written rules. The reason for this can be explained by the words of Marcus Tullius Cicero: “The more laws, the less justice.”

Judges are bound by previous cases so this system can still provide the “common law” by making the same judgments for the same events. Courts may have different names, but all courts are bound up to one – the highest court. Hereby, there is the principle of judicial union in Anglo-Saxon Law.

Anglo-Saxon Law is currently applied in countries such as USA, England, Ireland, Wales, Australia, New Zealand, Bangladesh, India, Pakistan, South Africa, and Canada. Considering the populations of the countries in which Anglo-Saxon Law is applied, it is the most common legal system in the world.

Throughout history, humankind searched for the best form of law. Therefore, there have been various changes within the legal systems. Earl Warren said that: “It is the spirit and not the form of law that keeps justice alive.” So, in my opinion if we want to find justice; all we have to do is not to search for the best form of law, it is just to catch the right spirit. We should try to change minds instead of rules.