Legal Definitions - de comon droit

De comon droit is a historical legal phrase originating from Law French, meaning "by the common law" or "of common right." It refers to principles, rights, or remedies that were recognized and enforced by courts based on long-standing legal tradition, custom, and judicial precedent, rather than being explicitly created by written statutes or legislative acts. Essentially, something existing "de comon droit" was considered a fundamental aspect of the legal system, inherent to the common law itself.

Here are some examples to illustrate this concept:

• The Right to Self-Defense: Before specific statutes detailed the exact parameters of self-defense, common law courts recognized an individual's inherent right to use reasonable force to protect themselves from imminent harm. This wasn't granted by a specific legislative act but was understood as a fundamental entitlement derived from the common law tradition.

  This illustrates "de comon droit" because the right was acknowledged and upheld by courts based on established legal principles and custom, rather than being created by a written law passed by a parliament.

• A Judge's Inherent Authority to Maintain Order: A judge's power to hold someone in contempt of court for disruptive behavior, even if no specific statute outlines every possible disruptive act, is an example. This authority is considered essential for the court to function effectively and administer justice, and it stems from the inherent nature of judicial power under common law.

  This power exists "de comon droit" because it is a fundamental, unwritten authority necessary for the proper operation of the judicial system, recognized through centuries of common law practice and precedent.

• The Common Law Duty of Care in Negligence: The foundational principle that individuals owe a "duty of care" to others to avoid causing foreseeable harm, which is central to negligence law, largely developed through judicial decisions and precedents over centuries. While modern statutes might refine aspects of negligence, the core concept of a duty of care originated and evolved "de comon droit."

  This demonstrates "de comon droit" because the duty of care was not initially created by a legislative body but emerged and was solidified through the accumulated wisdom and rulings of common law courts, becoming an inherent part of the legal framework for determining liability.