common law

¹ American  

[kom-uhn law] / ˈkɒm ən ˈlɔ /

noun

1. the system of law originating in England, as distinct from the civil or Roman law and the canon or ecclesiastical law.

2. the unwritten law, especially of England, based on custom or court decision, as distinct from statute law.

3. the law administered through the system of courts established for the purpose, as distinct from equity or admiralty.

---

common-law ² American  

[kom-uhn-law] / ˈkɒm ənˈlɔ /

adjective

1. of, relating to, or established by common law.

   a common-law spouse.

---

common law British  

noun

1. the body of law based on judicial decisions and custom, as distinct from statute law

2. the law of a state that is of general application, as distinct from regional customs

3.  common-law.  (modifier) denoting a marriage deemed to exist after a couple have cohabited for several years

   common-law marriage

   common-law wife

---

common law Cultural  

1. Law developed in the course of time from the rulings of judges, as opposed to law embodied in statutes passed by legislatures (statutory law) or law embodied in a written constitution (constitutional law). (See stare decisis.)

---

Discover More

The importance of common law is particularly stressed in the legal system of Britain, on which the legal system of the United States is based.

Etymology

Origin of common law¹

Middle English word dating back to 1300–50

Origin of common-law²

First recorded in 1905–10

Example Sentences

Justice Elena Kagan said the administration was seeking to undo a legal tradition of birthright citizenship that dates back to English common law.

From BBC • Apr. 1, 2026

When it came to creating this new government, rebelling against and pushing back against restrictions we had experienced under English common law, press freedom was seen to be essential.

From Slate • Feb. 24, 2026

In the modern era, the British heritage of common law, freedom of speech and personal virtue didn’t constrain innovation but produced it.

From The Wall Street Journal • Jan. 2, 2026

Under Islamic law, which operates alongside common law in Pakistan, the family of a killed relative can accept financial compensation from the perpetrators in exchange for forgiveness, leaving them free from prosecution.

From Barron's • Oct. 13, 2025

The English had the common law, which relied on the jury system.

From "The Invention of Science" by David Wootton