English law
Common law is a term with historical origins in the legal system of England. It denotes, in the first place, the judge-made law that developed from the early Middle Ages as described in a work published at the end of the 19th century, "The History of English Law before the Time of Edward I", in which Pollock and Maitland expanded the work of Coke (17th century) and Blackstone (18th century). Specifically, the law developed in England's Court of Common Pleas and other common law courts, which became also the law of the colonies settled initially under the crown of England or, later, of the United Kingdom, in North America and elsewhere; and this law as further developed after those courts in England were reorganised by the Supreme Court of Judicature Acts passed in the 1870s, and developed independently, in the legal systems of the United States and other jurisdictions, after their independence from the United Kingdom, before and after the 1870s. The term is used, in the second place, to denote the law developed by those courts, in the same periods (pre-colonial, colonial and post-colonial), as distinct from within the jurisdiction, or former jurisdiction, of other courts in England: the Court of Chancery, the ecclesiastical courts, and the Admiralty court.
Joint criminal enterprise
However, the origins of the doctrine may be influenced by the Common Law of England, which introduced the principle into criminal law in the UK and other Commonwealth nations such as Australia. A similar legal principle can also be found in Texas, USA, where it is known as the Law of Parties. The notion of collective liability and shared punishment for the actions of others as if all perpetrated the same deed may be much older, and was used to justify extermination of religious and cultural groups, such as the Albigensian "Heretics" and those who harbored them. Critics argue that Joint Criminal Enterprise can lead to excessive legal process and punishments, that it lowers the evidential bar in favour of prosecution, and that it runs counter to the spirit of Blackstone's formulation. Supporters argue that it ensures those contributing to or instigating a criminal act are properly made to account for their involvement.