Why is common law said to be uncodified ?

Question

CRIMINAL JUSTICE

Answer 1

Because it is based on cultural traditions that pre-date writing.

Answer 2

The common law is not the law in any state. The "common law" refers to English law developed over the centuries by British Judges and/or British case law. When the pilgrims and their successors came to America, they adopted the laws of their home country. Since lawyers were banned in the earliest days of America, the common law was interpreted in some cases incorrectly. As states came into being, each state started a process of developing their own law, known as statutory law. Statutory law of the states, the federal government, treaties, and the Constitution in this hierarchical order is the law today.

While no state follows the common law, the common law forms the basis for stautory law. For example, burglary under the common law is "a breaking and entry of the dwelling of another at nighttime with intent to commit a felony within." As you can see, there are a lot of situations where common sense will scream burglary such as breaking and entering during the daytime or in an office building. In both circumstances common law burglary does not apply. Under the NY statutory law, burglary is "entering and remaining in a building with intent to commit a crime therein." Statutory law while loosely based on the common law continues to change. The most fundamental rules and terminology of common law remains. As a side note, lawyers are required to learn the common law. On the second day of the bar exam, you are required to answer questions based on the common law. On the first day of the exam you are required to answer using your states statutes and case law. So, you could have the same exact question two ays in a row and you must answer the differently if the facts require it. TLC esq.

Answer 3

~By definition, common law is not statutory law. Stare Decisis constitutes most of Anglo-American law. Read the definition some time.

Answer 4

Because it is common law and not codified law, ( law written into the code of laws)