Code-based systems require case law alongside written codes
Evidence
“It is necessary that the legislator keep an eye on the case law (juriMsrudence). He can learn from it and he can, for his part, correct it; but it is necessary to have a case law. In that vast number of objects that constitute civil matprs, the judgment of which, in the greatest number of cases, is lees the application of a precise text than the combination of various texts that lead to the decision much more than they contain it, one cannot do without either case law or laws. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4664
Categorization
- XREF: Echoes earlier Volume-1 material on legislative workload and standing committees shaping how law actually gets made. — connects to: Civil codes promulgated as exclusive sources still cannot anticipate all disputes — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4638; German courts resisted creative use of good-faith clauses for their first decades — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4706; Civil law systems trace their source of law to written codes. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 118 (+2 more)
Broader Connections
- Legal classifications and rules evolve through ongoing application to cases
#corroborates(0.90) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 243 - Civil law systems trace their source of law to written codes.
#complicates(0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 118 - Deductive legal analysis applies established characteristic propositions to new cases
#corroborates(0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 680