The common law, as modified by constitutional and statutory law, judicial decisions and the condition and wants of the people, shall remain in force in aid of the general statutes of Oklahoma; but the rule of the common law, that statutes in derogation thereof, shall be strictly construed, shall not be applicable to any general statute of Oklahoma; but all such statutes shall be liberally construed to promote their object.
§ 2.Force of Common Law
Chapter 1: Preliminary Provisions · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 2 keeps the common law in force to aid Oklahoma's general statutes, rejects the old canon that statutes departing from common law get read narrowly, and directs courts to construe general statutes liberally to fulfill their purpose.
Full Text of § 2
Amendment History
R.L. 1910, § 4642.
Plain-English Summary
Common law doesn't disappear just because a legislature starts writing statutes. Section 2 keeps it in force, as modified by the constitution, other statutes, court decisions, and changing social conditions, to fill gaps the general statutes leave open.
It also throws out an old interpretive habit: the common-law rule that a statute conflicting with common law should be read narrowly, on the theory that legislatures shouldn't be presumed to disturb settled law more than necessary. Oklahoma says that canon doesn't apply to its general statutes. Instead, courts must construe them liberally, in whatever way best serves what the statute was written to do.
Frequently Asked Questions
Does common law still apply in Oklahoma?
Yes, common law remains in force, as modified by the constitution, statutes, and court decisions, to aid Oklahoma's general statutes.
How should Oklahoma courts interpret statutes under this section?
Liberally, in whatever way promotes the statute's purpose, rather than narrowly.
What is the strict-construction rule this section rejects?
The common-law canon that statutes departing from the common law should be read narrowly; Section 2 says that canon doesn't apply to Oklahoma's general statutes.
Does this liberal-construction rule apply to every Oklahoma statute?
The text ties it to general statutes specifically, directing that they be construed liberally to promote their object.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: Oklahoma common law statuteliberal construction of statutes Oklahoma12 O.S. § 2derogation of common law Oklahoma