The Political Economy of Nation Building: The World's Unfinished Business by Mack Ott

Author:Mack Ott [Ott, Mack]
Language: eng
Format: epub
Tags: International Relations, Political Science, General
ISBN: 9781351477277
Google: kJsuDwAAQBAJ
Goodreads: 35864948
Publisher: Routledge
Published: 2012-07-31T00:00:00+00:00

Thus, the common law judge makes law through his decisions that reveal the implication that he infers was in past decisions; the civil code judge applies rules that he finds in the statute code and he is enjoined from making more general applications.18 While sometimes denigrated as judge-made law, such common law decisions are unavoidable as they both sharpen and expand the law and ensure that the rule of law is complete. Under either system, judges are called on to interpret the law and to derive implications from the law where it is vague—by applying the logic of the code in the civil code instance or by the implications of past cases in the common law instance. In both systems, statute law is supreme, but it is completed by the common law jurist; conversely, its complete logic allows the civil code jurist to infer the appropriate rule to apply.

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