The Church and the Common Law: Exploring the Influence of Faith on the Common Law System

Since the ancient times, the Church, has assumed a dominant position in matters affecting the human race. Being the custodian of the faith, the Church’s authority has naturally invaded aspects of human life. Politics, ethics, social matters, amongst others, have registered religious intervention, “Law” being one of them. The article centres around issues such as whether the Church in any way contributed to the development of the common law system. If yes, then how? Moreover, to what degree did the Church contribute to the growth of the common law system? Has the Church played an active role in developing common law or has it been merely instrumental? The article strives to unravel the interaction and the relationship between the two. Traversing through the evolution and developments in common law, the article accounts for the percolation of the common law system into the Indian Legal System as well. It takes into consideration the various areas of the current Indian Legal framework which have witnessed an impact of the precepts of common law as guided by natural law.