On Semantic Identity of Terms “Common Law” and “Customary Law” in respect to Legal System of Great Britain

УДК 343.01, ББК 67.408

Abstract

The study considers the use of the terms "common law", "customary law" and "case law" in the domestic theory of law, the scope of these concepts and their congruity. Aspects of their applicability to the legal realities of foreign countries, in particular, the United Kingdom, are considered. Using the tools of legal comparative studies and linguistics in the course of the work, the gaps and limitations of the use of this terminology are revealed both in the Russian theory of law and in the theory of law of Great Britain, as well as countries that have adopted the English law. In support of the intermediate conclusions, references to works and treatises of various periods of British history are provided, the author has developed a period frame for the introduction of terms into widespread use, designed in the form of diagrams. Conclusions are drawn about the semantic identity of the terms "common law" and "customary law" in relation to the legal system of Great Britain, which is proved, in addition to the complete lexical correspondence of the terms in modern English, by the entire genesis of the British law system. The concept of "common law" is semantically revealed as a generally recognized law, i.e. a generally recognized law, which deprives it of a deep semantic contrast with a codified law. The codification of legislation is considered, along with other processes, as natural stages in the evolution of the legal system. Due to the fact that the legal customs of various territories of Great Britain merged into a syncretic fusion of the generally recognized law of the country, and, being supplemented by judicial practice based on the principle of Roman law stare decisis, they have received a final formalization in the common law of Great Britain, as it is currently known, the terms "common law" and "customary law" in relation to the legal system of this country can be viewed with  certain provisions and retrospectively. Currently it can be argued that the term "customary law" is identical to the term "common law" in relation to the legal system of the United Kingdom and it serves as its important stage and meaningful semantic element.