LAW 108- Extracted Common Law Guide

This Article explores the domain of the common law, specifically as it has developed in Florida. A variety of sources are examined, reflecting a range of perspectives and spanning several centuries, with a focus on answering fundamental questions and making realistic assessments about the scope of judicial authority in remolding or modernizing the common law. Part II of this Article examines the definition and history of the common law, while Part III explains its tradition and methodology. Part IV provides an overview of the era of judicial policymaking by fiat, and Part V explains the relationship between the common law and the rule of law, as manifested in the constitutional principle of separation of powers. Part VI offers concluding remarks on how judicial authority to remold the law has impacted common law jurisprudence, the judiciary, and the legal profession, particularly in Florida. II. DEFINITION AND HISTORY OF THE COMMON LAW In the second of his seven essays written in 1773 and collectively entitled The Independence of the Judiciary, John Adams, a Founding Father, our second President, and an experienced common law lawyer, makes an effort “to determine with some degree of precision what is to be understood by the term[] ‘common law.’