Common law and customary law are two distinct legal systems often used in various jurisdictions around the world.
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Common Law: This legal system is primarily found in countries that were former colonies of England. Common law is based on judicial decisions and precedents rather than solely on statutory laws. Courts interpret and apply laws based on previous rulings, which creates a body of law that evolves over time through decisions made by judges. Countries like the United States, Canada, Australia, and the United Kingdom predominantly follow common law principles.
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Customary Law: This is a type of law that develops from the customs and traditions of a particular community or society. Customary law is often unwritten and is based on long-standing practices and beliefs that are considered binding within that community. It is commonly found in indigenous cultures and societies where legal systems may not be formally codified. Customary law can coexist with statutory law and common law in many jurisdictions, particularly in countries with diverse populations.
In summary, common law is adopted primarily in jurisdictions influenced by English legal traditions, while customary law reflects the practices and norms of specific communities or cultures.