Common-law judging habits now shape statutory interpretation too.
Evidence
Despite the proliferation of legislation and administrative regulations over the last two centuries, judge-made law continues to play a role in common-law countries. In addition, the common law provides “a mode of treating legal problems rather than a fixed body of definite rules.” Thus, in dealing with statutes and other enactments, judges in common-law systems employ the same approaches to decision making, such as reliance on precedent, that they had developed for dealing with the common law. Recent legal developments therefore have not altered the basic character of common-law legal systems. — G. Alan Tarr, Judicial Process and Judicial…, 117
Categorization
- XREF: connects to: Early English judges drew on unwritten custom because no statutes existed. — G. Alan Tarr, Judicial Process and Judicial…, 108; Common-law systems share features derived from English law and practice. — G. Alan Tarr, Judicial Process and Judicial…, 106; The shift from benefit-giving to conduct-regulating statutes fed litigation and judicial policymaking. — G. Alan Tarr, Judicial Process and Judicial…, 2831 (+4 more)
Broader Connections
- US constitutional argument forms derive from common-law modes overlaid on the state.
#exemplifies(0.85) — Philip Chase Bobbitt, Reflections Inspired by My Critics, 225