Civil codes promulgated as exclusive sources still cannot anticipate all disputes

Evidence

Perhaps the most important feature of the code - certainly a most startling quality to a common law lawyer - is that it is promulgated as the exclusive source of law. What is to be done if a problem arises for which the Code offers no answer? Of course, the code should be written in such manner as to minimise the problem, but the possibility cannot be eliminated. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4638

Categorization

  • recurring: this claim recurs 2 times within its source
  • XREF: connects to: Code-based systems require case law alongside written codes — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4664; Codified law ages while human circumstances change continuously — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4655; Legislatures cannot foresee every result of unguarded statutory language — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1335 (+2 more)

Broader Connections