Legal Definitions - secundum legem communem

Secundum legem communem is a Latin phrase that translates to "according to the common law."

In legal terms, the common law refers to a body of law that has been developed over centuries by judges through their decisions in individual cases, rather than by legislative bodies passing statutes. It is built upon legal precedents, meaning that courts are generally bound to follow principles established in previous, similar cases. When something is described as being "secundum legem communem," it means it adheres to these long-standing, judge-made legal principles and traditions.

• Example 1: Historical Property Rights

  Imagine a legal dispute in 18th-century England concerning the inheritance of a piece of land. There might not have been a specific parliamentary statute dictating every nuance of inheritance for that particular type of property. Instead, the judge would have relied on a long line of previous judicial decisions and established customs regarding land tenure and succession that had been consistently applied by courts over generations. The judge's ruling, in this case, would be considered "secundum legem communem" because it was based on these accumulated common law principles rather than a newly enacted law.

• Example 2: Modern Negligence Claims

  Consider a contemporary personal injury lawsuit where a plaintiff claims they were harmed due to another party's negligence. While many aspects of negligence law are now codified in statutes, the fundamental concepts, such as the "duty of care" owed by one person to another, largely originated and evolved through common law. When a judge instructs a jury on what constitutes a reasonable standard of care, they are often explaining principles that were first established and refined by judges over centuries, thereby applying the law "secundum legem communem" even in a modern context.

• Example 3: Interpreting Contracts Without Specific Statutes

  Suppose two businesses enter into a complex agreement, and a dispute arises over a clause that isn't explicitly covered by any specific state or federal contract statute. A court might then look to general principles of contract interpretation, such as the "meeting of the minds" or the "implied covenant of good faith and fair dealing," which are deeply rooted in common law. The judge's decision on how to interpret the disputed clause, drawing upon these foundational legal doctrines developed through judicial precedent, would be an application "secundum legem communem."