Much of our law is based on authoritative texts such as constitutions and statutes the common law in contrast is that part of the law that is established by the courts common law rules predominate in some areas of law such as torts and contracts and are extremely important in other areas such as corporations nevertheless it has been far from clear what principles courts use or should use in establishing common law rules. The common law in contrast is that part of the law that is established by the courts common law rules predominate in some areas of law such as torts and contracts and are extremely important. The common law in contrast is that part of the law that is established by the courts common law rules predominate in some areas of law such as torts and contracts and are extremely important in other areas such as corporations nevertheless it has been far from clear what principles. The nature of thecommon law by melvin aron eisenberg 1988 harvard university press edition in english