University Taster

Law – University Taster

  1. 1. Prerequisites
  2. 2. The Principles of Law and the Legal System
  3. 3. Constitutional Law
  4. 4. Criminal Law
  5. 5. The Law of Contract
  6. 6. Next Steps
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Murder is one of the most serious crimes anyone can commit. Over time, the rules and ideas around murder have been shaped by judges and their decisions in court cases. These decisions, along with legal opinions, have helped define and improve the understanding of murder through hundreds of years of common law.

Definition of Murder

The common law definition of murder was stated by Sir Edward Coke in the 17th century:

“Murder is when a man of sound memory and of the age of discretion unlawfully killeth […] any reasonable creature in rerum natura under the King’s peace, with malice aforethought, either express or implied.”

Excerpt 1. Coke, E. (1644). The Third Part of the Institutes of the Laws of England (3 Co Inst. 47). London: M. Flesher. This is the classic common law definition of murder, articulated by Sir Edward Coke.

From this definition, several elements can be identified as being the key parts of murder as a crime:

  • Unlawful killing
  • A reasonable creature in being
  • Under the King’s peace
  • With malice aforethought

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