common lawn.adj.

Brit.

/ˌkɒmən ˈlɔː/, U.S.

/ˈkɑmən ˌlɔ/,

/ˈkɑmən ˌlɑ/

Forms: see common adj. and adv. and law n.¹

Origin: Formed within English, by compounding. Etymons: common adj., law n.¹

Etymology: < common adj. + law n.¹Compare post-classical Latin ius commune (frequently from 12th cent. in continental sources; from 13th cent. in British sources), lex commune (frequently from 12th cent. in British sources), Anglo-Norman commune lei the part of English law that is not fully prescribed by statute (late 13th cent. or earlier; also commun dreit (early 14th cent. or earlier)), Middle French, French droit commun the general rules and customs of a community (late 14th cent.).

A. n.

a. The part of the law of the United Kingdom (formerly of England) which is derived from custom and judicial precedent rather than prescribed by statutes; spec. such law as administered by common law courts rather than courts of equity (cf. equity n. 4a) before these were combined under the Judicature Acts of 1873 and 1875. Also: †an instance of such a law (obsolete).Common law forms the basis of the legal system of England and Wales, and derives from law administered by the royal courts from the 12th century onward. It is distinguished from systems of civil law n. 3 used elsewhere, and from systems administered by special courts such as ecclesiastical and admiralty law.

ΘΚΠ

society > law > branch of the law > [noun] > common and customary

eeOE

customc1300

common lawa1325

consuetude1496

custom law1616

folk-law1884

a1325 Statutes of Realm (2011) xli. 106 That þer ne passe no writ..vnder þe kinges lutele seal þat tuchi þe commune lawe.

a1400 in K. W. Engeroff Untersuchung ‘Usages of Winchester’ (1914) 88 And þat commune law hym be y-entred þe axere and þe defendaunt.

1539 Act 31 Henry VIII c. 1 §2 in Statutes of Realm (1963) III. 718 In like maner..as Coperceners by the comen lawes..are compellable to doe.

a1642 R. Callis Reading of Statute of Sewers (1647) i. 19 That is Lacyes Case, where one was stricken on the Seas, and dyed on the Land, that the Common Law could not try this murther.

1768 W. Blackstone Comm. Laws Eng. iv. xxii. 295 Regularly, in all offences either against the common law or act of parliament, that are below felony, the offender was..admitted to bail.

1888 Citizen (Gloucestershire) 27 Feb. The question for the judge to decide was whether the elder brother, who, according to the common law, was entitled, should inherit the property.

1948 A. C. Kinsey et al. Sexual Behavior Human Male viii. 264 The ancient tradition of the English common law..is committed to the doctrine that no sexual activity is justifiable unless its objective is procreation.

2016 Daily Mail (Nexis) 28 Apr. Under common law, it is legal to pick fruit, foliage, fungi or flowers if they are growing wild and are for personal use.

b. In countries which have legal systems derived from that of England or the United Kingdom: the system of law as adopted and adapted from English common law (sense A. 1a).Common law forms the basis of the legal system in many countries around the world, e.g. Australia, Canada, India, Ghana, Malaysia, Nigeria, and the United States.

ΚΠ

1776 Maryland Gaz. 8 Aug. The superior and county courts try matters of fact by a jury according to the course of the common law.

1831 A. Stearns Real Actions 250 The greatest departure from the rules of the common law, upon the subject of dower, will perhaps be found in the statutory provisions of Vermont and Georgia.

1985 Courier-Mail (Brisbane) (Nexis) 6 Mar. Under common law, the victim of a secondary boycott had a right of action against those who caused it to occur.

2016 Franchise Law Jrnl 36 92 Canadian common law has recognized for many years several rules and doctrines that rely upon the notion of good faith in the contractual performance of a franchise agreement.

a. The rules or customs of a community or group, as opposed to local or personal ones. Also: a rule or custom of a community or group.

ΘΚΠ

society > law > branch of the law > [noun] > law of the land or municipal law

land-rightOE

land's lawc1000

common lawa1393

civil law?1541

municipal law?c1550

municipals1586

a1393 J. Gower Confessio Amantis (Fairf.) vii. l. 2825 (MED) Thei that wolden stonde upriht..to do justice..Preferred were..To deme and jugge commun lawe.

c1400 (c1378) W. Langland Piers Plowman (Laud 581) (1869) B. xviii. l. 72 Two theues also tholed deth þat tyme, Vppon a crosse bisydes cryst, so was þe comune lawe.

a1450 Generides (Pierpont Morgan) (1865) l. 2929 Juge him aftir the comon law, And not oonlie aftir youre ovn saw.

1551 R. Robinson tr. T. More Vtopia sig. Si The riche men not only by priuate fraud, but also by commen lawes do euery day plucke..from the poore some parte of their daily liuing.

1694 R. Blome tr. A. Le Grand Entire Body Philos. i. x. vi. 354/2 Whosoever shall thus sincerely and heartily obey the Common Laws of the Society, shall without doubt live more happily and safely, than those who pursue their own profit, without any regard to the Publick Good.

1874 W. W. Wood Sketches of Eton ii. 19 By the common-law of the School no Sixth Form boy is liable to be ‘swished’.

1914 J. Scales Hist. Strafford County New Hampsh. & Representative Citizens xxviii. 296 It was the common law of the town that all grown persons must attend church on the Lord's Day.

2020 @richard_conway 9 Nov. in twitter.com (accessed 1 Mar. 2021) Here lies Ebenezer Cobb Morley, one of the founding fathers of football. He helped set the common laws of the game and proposed a governing body.

b. Chiefly Roman Catholic Church. More fully common law of the church. The general laws, rules, or customs of the church, as opposed to local constitutions, papal privileges, etc.

ΘΚΠ

society > faith > church government > [noun]

common law?c1430

church government1566

kirk government1608

?c1430 (?1383) J. Wyclif Sel. Eng. Wks. (1871) III. 289 Þerfore seide Seynt Gregory and þe comyn lawe of þe Chirche, þat honour or prelacie schulde not be ȝoven to hem þat seken and coveiten it.

1438 in A. T. Bannister Reg. Thome Spofford (1919) 223 We [Bishop] visitynge you thurgh our authoritee ordinary and the form of the commyn law.

1630 J. Floyd Apol. Holy Sea Apostolicks viii. 227 Wee must intreate..of the Church for this tyme to resigne all power of externall iurisdiction, for parish Priests haue no power in that kind, so much as by the common law of the Church, much lesse by deuine institution.

1767 R. Burn Eccl. Law (ed. 2) III. 29 The observation of this canon..(or rather of the common law of the church of which this canon is only an affirmance) was specially inforced upon the bishops.

1882 S. B. Smith Elemts Eccl. Law II. iii. 43 By the common law of the Church, the parish priest..is vested with the administration of the rights and property of his parish.

2004 Toronto Star (Nexis) 28 Aug. l10 Indult, a legal term, means a special permission from the Pope to practise something other than the common law of the church.

B. adj.

Frequently hyphenated. Designating a partner in a marriage recognized in some jurisdictions as valid under common law, though not brought about by a civil or ecclesiastical ceremony; (more generally) designating a partner in a long-term cohabiting relationship. Also: designating a marriage or relationship of this type. Frequently in common-law husband, common-law marriage, common-law wife.

ΘΚΠ

society > society and the community > kinship or relationship > marriage or wedlock > a marriage > [noun] > common-law

common-law marriage1842

society > society and the community > kinship or relationship > marriage or wedlock > a marriage > [noun] > common-law > female partner

common-law wife1874

1842 Morning Post 16 Mar. 6/5 The question resolved itself into this, whether the common law marriage in this country was a good one.

1874 Chicago Tribune 16 June 3/4 The woman is the common-law wife of this fellow Mahoney.

1905 Daily Times-Tribune (Waterloo, Iowa) 17 Dec. 16/1 A good many of the men are showing indecision in making in making a final choice of a common law spouse.

1948 A. C. Kinsey et al. Sexual Behavior Human Male xxiii. 682 Persons who have lived openly as man and wife for a full year in a common law relationship are treated as married persons.

1972 Daily Mail 9 May 6/1 A man who comes to the house two or three nights in a week..is not the same as a common law husband.

2002 Out Oct. 48/1 In Australia, Canada, Hungary, and New Zealand, same-sex and different-sex couples who live together more than a year or two or three slide into common-law marriage, with all sorts of legal consequences.

Compounds

General use as a modifier, as in common law court, common law judge.

ΚΠ

1646 J. Cooke Vindic. Professors Law 32 Why should not our common Law Judges determine legacies for goods, as well as for lands?

1768 W. Blackstone Comm. Laws Eng. III. xvii. 256 The common law methods of obtaining possession or restriction from the crown, of either real or personal property.

1875 H. J. S. Maine Lect. Early Hist. Inst. ix. 263 Our oldest common-law authorities.

1972 Times 27 Jan. 14/5 The common law courts never allowed discovery of documents or interrogatories, but they were allowed both by the ecclesiastical and chancery courts.

2007 K. Wallentine Street Legal iii. 73 Most courts recognize the common-law rule of fresh pursuit of a misdemeanor suspect crossing jurisdictional lines, even in the absence of a specific state statute.

2013 T. Burns Our Necessary Shadow x. 211 In England and most common-law jurisdictions such as the USA, Australia and New Zealand the original insanity defence is based on the so-called ‘McNaughton rules’.

This entry has been updated (OED Third Edition, June 2021; most recently modified version published online June 2022).

单词	common law
释义	common lawn.adj. Brit. /ˌkɒmən ˈlɔː/, U.S. /ˈkɑmən ˌlɔ/, /ˈkɑmən ˌlɑ/ Forms: see common adj. and adv. and law n.¹ Origin: Formed within English, by compounding. Etymons: common adj., law n.¹ Etymology: < common adj. + law n.¹Compare post-classical Latin ius commune (frequently from 12th cent. in continental sources; from 13th cent. in British sources), lex commune (frequently from 12th cent. in British sources), Anglo-Norman commune lei the part of English law that is not fully prescribed by statute (late 13th cent. or earlier; also commun dreit (early 14th cent. or earlier)), Middle French, French droit commun the general rules and customs of a community (late 14th cent.). A. n. 1. a. The part of the law of the United Kingdom (formerly of England) which is derived from custom and judicial precedent rather than prescribed by statutes; spec. such law as administered by common law courts rather than courts of equity (cf. equity n. 4a) before these were combined under the Judicature Acts of 1873 and 1875. Also: †an instance of such a law (obsolete).Common law forms the basis of the legal system of England and Wales, and derives from law administered by the royal courts from the 12th century onward. It is distinguished from systems of civil law n. 3 used elsewhere, and from systems administered by special courts such as ecclesiastical and admiralty law. ΘΚΠ society > law > branch of the law > [noun] > common and customary eeOE customc1300 common lawa1325 consuetude1496 custom law1616 folk-law1884 a1325 Statutes of Realm (2011) xli. 106 That þer ne passe no writ..vnder þe kinges lutele seal þat tuchi þe commune lawe. a1400 in K. W. Engeroff Untersuchung ‘Usages of Winchester’ (1914) 88 And þat commune law hym be y-entred þe axere and þe defendaunt. 1539 Act 31 Henry VIII c. 1 §2 in Statutes of Realm (1963) III. 718 In like maner..as Coperceners by the comen lawes..are compellable to doe. a1642 R. Callis Reading of Statute of Sewers (1647) i. 19 That is Lacyes Case, where one was stricken on the Seas, and dyed on the Land, that the Common Law could not try this murther. 1768 W. Blackstone Comm. Laws Eng. iv. xxii. 295 Regularly, in all offences either against the common law or act of parliament, that are below felony, the offender was..admitted to bail. 1888 Citizen (Gloucestershire) 27 Feb. The question for the judge to decide was whether the elder brother, who, according to the common law, was entitled, should inherit the property. 1948 A. C. Kinsey et al. Sexual Behavior Human Male viii. 264 The ancient tradition of the English common law..is committed to the doctrine that no sexual activity is justifiable unless its objective is procreation. 2016 Daily Mail (Nexis) 28 Apr. Under common law, it is legal to pick fruit, foliage, fungi or flowers if they are growing wild and are for personal use. b. In countries which have legal systems derived from that of England or the United Kingdom: the system of law as adopted and adapted from English common law (sense A. 1a).Common law forms the basis of the legal system in many countries around the world, e.g. Australia, Canada, India, Ghana, Malaysia, Nigeria, and the United States. ΚΠ 1776 Maryland Gaz. 8 Aug. The superior and county courts try matters of fact by a jury according to the course of the common law. 1831 A. Stearns Real Actions 250 The greatest departure from the rules of the common law, upon the subject of dower, will perhaps be found in the statutory provisions of Vermont and Georgia. 1985 Courier-Mail (Brisbane) (Nexis) 6 Mar. Under common law, the victim of a secondary boycott had a right of action against those who caused it to occur. 2016 Franchise Law Jrnl 36 92 Canadian common law has recognized for many years several rules and doctrines that rely upon the notion of good faith in the contractual performance of a franchise agreement. 2. a. The rules or customs of a community or group, as opposed to local or personal ones. Also: a rule or custom of a community or group. ΘΚΠ society > law > branch of the law > [noun] > law of the land or municipal law land-rightOE land's lawc1000 common lawa1393 civil law?1541 municipal law?c1550 municipals1586 a1393 J. Gower Confessio Amantis (Fairf.) vii. l. 2825 (MED) Thei that wolden stonde upriht..to do justice..Preferred were..To deme and jugge commun lawe. c1400 (c1378) W. Langland Piers Plowman (Laud 581) (1869) B. xviii. l. 72 Two theues also tholed deth þat tyme, Vppon a crosse bisydes cryst, so was þe comune lawe. a1450 Generides (Pierpont Morgan) (1865) l. 2929 Juge him aftir the comon law, And not oonlie aftir youre ovn saw. 1551 R. Robinson tr. T. More Vtopia sig. Si The riche men not only by priuate fraud, but also by commen lawes do euery day plucke..from the poore some parte of their daily liuing. 1694 R. Blome tr. A. Le Grand Entire Body Philos. i. x. vi. 354/2 Whosoever shall thus sincerely and heartily obey the Common Laws of the Society, shall without doubt live more happily and safely, than those who pursue their own profit, without any regard to the Publick Good. 1874 W. W. Wood Sketches of Eton ii. 19 By the common-law of the School no Sixth Form boy is liable to be ‘swished’. 1914 J. Scales Hist. Strafford County New Hampsh. & Representative Citizens xxviii. 296 It was the common law of the town that all grown persons must attend church on the Lord's Day. 2020 @richard_conway 9 Nov. in twitter.com (accessed 1 Mar. 2021) Here lies Ebenezer Cobb Morley, one of the founding fathers of football. He helped set the common laws of the game and proposed a governing body. b. Chiefly Roman Catholic Church. More fully common law of the church. The general laws, rules, or customs of the church, as opposed to local constitutions, papal privileges, etc. ΘΚΠ society > faith > church government > [noun] common law?c1430 church government1566 kirk government1608 ?c1430 (?1383) J. Wyclif Sel. Eng. Wks. (1871) III. 289 Þerfore seide Seynt Gregory and þe comyn lawe of þe Chirche, þat honour or prelacie schulde not be ȝoven to hem þat seken and coveiten it. 1438 in A. T. Bannister Reg. Thome Spofford (1919) 223 We [Bishop] visitynge you thurgh our authoritee ordinary and the form of the commyn law. 1630 J. Floyd Apol. Holy Sea Apostolicks viii. 227 Wee must intreate..of the Church for this tyme to resigne all power of externall iurisdiction, for parish Priests haue no power in that kind, so much as by the common law of the Church, much lesse by deuine institution. 1767 R. Burn Eccl. Law (ed. 2) III. 29 The observation of this canon..(or rather of the common law of the church of which this canon is only an affirmance) was specially inforced upon the bishops. 1882 S. B. Smith Elemts Eccl. Law II. iii. 43 By the common law of the Church, the parish priest..is vested with the administration of the rights and property of his parish. 2004 Toronto Star (Nexis) 28 Aug. l10 Indult, a legal term, means a special permission from the Pope to practise something other than the common law of the church. B. adj. Frequently hyphenated. Designating a partner in a marriage recognized in some jurisdictions as valid under common law, though not brought about by a civil or ecclesiastical ceremony; (more generally) designating a partner in a long-term cohabiting relationship. Also: designating a marriage or relationship of this type. Frequently in common-law husband, common-law marriage, common-law wife. ΘΚΠ society > society and the community > kinship or relationship > marriage or wedlock > a marriage > [noun] > common-law common-law marriage1842 society > society and the community > kinship or relationship > marriage or wedlock > a marriage > [noun] > common-law > female partner common-law wife1874 1842 Morning Post 16 Mar. 6/5 The question resolved itself into this, whether the common law marriage in this country was a good one. 1874 Chicago Tribune 16 June 3/4 The woman is the common-law wife of this fellow Mahoney. 1905 Daily Times-Tribune (Waterloo, Iowa) 17 Dec. 16/1 A good many of the men are showing indecision in making in making a final choice of a common law spouse. 1948 A. C. Kinsey et al. Sexual Behavior Human Male xxiii. 682 Persons who have lived openly as man and wife for a full year in a common law relationship are treated as married persons. 1972 Daily Mail 9 May 6/1 A man who comes to the house two or three nights in a week..is not the same as a common law husband. 2002 Out Oct. 48/1 In Australia, Canada, Hungary, and New Zealand, same-sex and different-sex couples who live together more than a year or two or three slide into common-law marriage, with all sorts of legal consequences. Compounds General use as a modifier, as in common law court, common law judge. ΚΠ 1646 J. Cooke Vindic. Professors Law 32 Why should not our common Law Judges determine legacies for goods, as well as for lands? 1768 W. Blackstone Comm. Laws Eng. III. xvii. 256 The common law methods of obtaining possession or restriction from the crown, of either real or personal property. 1875 H. J. S. Maine Lect. Early Hist. Inst. ix. 263 Our oldest common-law authorities. 1972 Times 27 Jan. 14/5 The common law courts never allowed discovery of documents or interrogatories, but they were allowed both by the ecclesiastical and chancery courts. 2007 K. Wallentine Street Legal iii. 73 Most courts recognize the common-law rule of fresh pursuit of a misdemeanor suspect crossing jurisdictional lines, even in the absence of a specific state statute. 2013 T. Burns Our Necessary Shadow x. 211 In England and most common-law jurisdictions such as the USA, Australia and New Zealand the original insanity defence is based on the so-called ‘McNaughton rules’. This entry has been updated (OED Third Edition, June 2021; most recently modified version published online June 2022). < n.adj.a1325
随便看	misascription misasperse misassay misassayed misassaying misassays misassent misassertion misassign misassigned misassigning misassigns misassimilation misassociation misatone misatoned misatones misatoning misattended misattribute misattributed misattributes misattributing misattribution misattributions