Common law legitimacy derives from published judicial opinions and public reasoning.
Evidence
It is the reasoning process—the fealty to the rules of logic—that gives legitimacy to judge-made law. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 115
Categorization
- DEFINE: XREF: common-law precedent and authority
- corroborated: 2 independent passages support this claim — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 115
- XREF: connects to: Judicial decisions are governed by beliefs about facts and rules — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 160; Legal major premises derive authority from constitutional text or statutes — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 242; A legal principle emerges from a long line of decisions. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 134 (+11 more)
Broader Connections
- Logical reasoning provides the foundation that prevents common law from becoming arbitrary fiat.
#corroborates(0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 122 - Identifying valid legal criteria in any system is an empirical question of fact
#complicates(0.75) — HLA Hart, The Concept of Law (Clarendon Law…, 682 - A legal principle emerges from a long line of decisions.
#expands(0.70) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 134 - Civil law systems trace their source of law to written codes.
#expands(0.60) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 118