The Common Law (Oliver Wendell Holmes Jr.)

The Common Law, as articulated by Oliver Wendell Holmes Jr., refers to a legal system rooted in judicial decisions and customs developed over time, rather than written statutes alone. It emphasizes the importance of precedent—past court rulings—in shaping current laws. Holmes viewed common law as an evolving body that adapts to societal changes, balancing stability with flexibility. He believed courts should interpret laws with practical judgment, honoring tradition while responding to contemporary needs, rather than strictly applying rigid rules. This approach underpins the development of law through case-by-case adjudication, ensuring it remains relevant and effective.