Let's dissect this a little shall we? How about we take a look at one area of common law. Let's say we look at torts. In particular, let's look at the tort of negligence. Even more particularly, let's look at the concept of duty of care within the tort of negligence.
Can you tell me when and how the concept of duty of care entered into the tort of negligence in English common law?
Please bear with me. This little exercise will go a long way to determining just how the common law is made.
Sir,
You are slightly confused.
The Common Law has nothing to do with the legal industry. Let me repeat this because it will serve you well if your interest is in the law. The Common Law has nothing to do with the legal industry. It was outside of it. And is still outside of it.
Now, you can discuss any aspect of the English common law. But you must come outside of your bubble to see it right. You must forget the legal industry and talk honestly about the law of England.
I tell you the Common Law is NOT 'made' by anyone. Not by judges, not by lawyers. Let me repeat this also. The Common Law has nothing, nothing to do with judges, lawyers or politicians. It is the condensed wisdom of all ages. It is the Golden Rule. Applied as a general principle from time immemorial. The principle of 'doing unto others as we would have done unto ourselves'. That principle does not belong to you. It belongs to the people. It is their law. Not the law of the legal industry. The hallmark of the common law (its DNA, if you like) is that it is an expression of that great principle.
So, in answer to your question, what the legal profession have done with torts is not relevant. They have used the Common Law because they cannot ignore it. They have manipulated it and defined it according to their own rules. But the Common Law remains greater than the legal industry.
The tort of negligence is derived from the Golden Rule, is it not ? But what are your torts when, in fact, the legal industry is full of rogues ? When every honest judge is well able to know that the Golden Rule is the supreme expression of what is law. Exposing all that is not. A child can understand what the lawyers cannot.
Because the law, (so-called) these days, is a paradigm unto itself. Because the legal industry has nothing to do with the law.
You should teach people that the courts are in the hands of rogues. Why not ? You are interested in the law, aren't you ?