Australia, as a former British colony, inherited many aspects of the English legal system, including common law principles and the structure of its legal institutions. When the British first settled in Australia in the late 18th century, they brought with them English legal traditions and established a legal framework based on English law.
However, Australian law has evolved and developed its distinct legal system over time. This evolution has been influenced not only by English law but also by other sources of law, including indigenous legal traditions, statutory law passed by Australian legislatures, and decisions of Australian courts. The Australian legal system is now a unique blend of English common law principles, statutory law specific to Australia, and judicial decisions made within the Australian context.
In 1901, Australia became a federation of states with its own federal constitution, establishing a separate government and legal authority system. The Australian legal system is now a federal system, with each state and territory having its legal framework, legal institutions and federal laws and institutions. While English law remains an essential foundation, Australian law has developed its own identity and independence from English law over the years.
Christianity has influenced English law throughout its history but is not solely based on Christian principles. The development of English law is a complex process that various factors, including historical, cultural, and political influences, have shaped. While Christianity has played a role in shaping society's moral and ethical values, it is not the sole source of English law.
The foundation of English law is rooted in a combination of sources.
English law developed mainly through the standard law system based on judicial decisions and precedents. It draws on legal principles and customs that evolved over centuries, predating the widespread adoption of Christianity in England. Elements of Roman law also influenced English law, mainly through studying Roman legal texts during the medieval period. The feudal system, which was prevalent in medieval England, significantly impacted the development of property and land laws. Over time, English law has been supplemented and codified by statutory law, which the English Parliament created. These statutes cover various legal matters, from criminal to contract law, and are not inherently tied to Christian principles. Equity, which developed as a parallel legal system alongside common law, introduced concepts of fairness and justice that were not solely based on Christian doctrine.
While Christianity has influenced the moral and ethical values underlying many legal principles, English law has always been a hybrid system incorporating various elements from different sources. Additionally, as societies have become more diverse and secular, the influence of Christianity on English law has diminished, and the legal system has evolved to reflect changing social norms and values.
The Roman law that influenced English law did not come directly from Christianity. Roman law significantly influenced the development of English law, but this influence predates the Christianization of the Roman Empire.
Roman law had been well-established and codified long before the rise of Christianity. The most famous compilation of Roman law is the "Corpus Juris Civilis" (Body of Civil Law), commissioned by Emperor Justinian I in the 6th century AD, well after the Roman Empire had officially adopted Christianity as the state religion. This legal code comprised texts from earlier Roman legal traditions and was not based on Christian principles.
The influence of Roman law on English law primarily came through the study of Roman legal texts during the medieval period. In the 12th and 13th centuries, European scholars, including those in England, began to rediscover and study Roman legal texts. This revival of interest in Roman law contributed to developing legal principles integrated into the English legal system.
So, while the Roman Empire eventually became Christian, the Roman legal system that influenced English law had its roots in pre-Christian Roman legal traditions and was not directly derived from Christian sources.
However, Emperor Justinian I, who commissioned the compilation of the "Corpus Juris Civilis," ruled the Roman Empire when it was already a Christian state. Justinian I was the Byzantine Emperor, specifically the Eastern Roman Empire, and his reign began in 527 AD, several decades after the Roman Empire officially converted to Christianity.
In 313 AD, the Roman Emperor Constantine the Great issued the Edict of Milan, which granted religious tolerance to all religions, including Christianity. This marked an important step towards the acceptance of Christianity within the Roman Empire. In 380 AD, Emperor Theodosius I issued the Edict of Thessalonica, also known as the "Cunctos populos" decree, which declared Nicene Christianity the Roman Empire's state religion.
So, by the time of Emperor Justinian I's rule in the 6th century AD, Christianity was the official state religion of the Roman Empire, and the Christian Church played a significant role in the empire's governance and culture. Justinian's efforts to compile and codify Roman law into the "Corpus Juris Civilis" occurred in the context of a Christianized Roman Empire, and Christian principles influenced his legal reforms to some extent.
