Reception of the Common Law on the North American Continent

Abstract

Anglo-Saxon legal family comprises about 50 legal systems (UK, USA, Canada, Australia, New Zealand, India, Nigeria, etc.). The prevalence of the Anglo-Saxon legal traditions is due to the historical factor: the UK has carried out a massive colonial expansion that accompanied the introduction of private law and its observance became obligatory. The colonization of the American continent began in the XVI century. Spain and Portugal controlled the southern continent; the northern part was occupied by Dutch, English, French and Spanish settlers. Each group of settlers brought their own culture and legal institutions. In this article the author examines their influence on formation of legal system of the United States. The legal system of the USA has much in common with English due to the fact that on the territory of States since their establishment and gathering the English laws and norms of English common law were acting. In the article the author describes the process of drawing the main political and legal institutions, as well as further processes of refusal to follow an outdated common law rules and establishing its own schools of law, the development of their own legal thoughts.