Common law originated in judge-made decisions resting on societal customs and practices.

Evidence

Thus, the common law originated in judicial decisions, which enunciated authoritative legal principles, presumably drawn from the customs and practices of the society, in the course of resolving disputes between litigants. — G. Alan Tarr, Judicial Process and Judicial…, 134

Categorization

• XREF: Directly frames the idea that judges make policy through interpretation, the course’s central concern. — connects to: World legal systems divide into common-law and civil-law families by origin — G. Alan Tarr, Judicial Process and Judicial…, 104; Judges created common law by declaring immemorial customs as authoritative principles. — G. Alan Tarr, Judicial Process and Judicial…, 133; American courts inherited common-law rulemaking and thus judges make law — G. Alan Tarr, Judicial Process and Judicial…, 138 (+8 more)

Broader Connections

• Judge-made common law originated as customary unwritten law. #corroborates (0.95) — G. Alan Tarr, Judicial Process and Judicial…, 133
• American courts inherited common-law rulemaking and thus judges make law #expands (0.90) — G. Alan Tarr, Judicial Process and Judicial…, 138
• A legal principle emerges from a long line of decisions. #exemplifies (0.82) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 134
• Common-law systems share features derived from English law and practice. #expands (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 106
• The American legal system is common law yet distinctive for judicial policymaking #expands (0.78) — G. Alan Tarr, Judicial Process and Judicial…, 213
• Judges are the source of law in common-law but legislatures in civil-law systems #expands (0.78) — G. Alan Tarr, Judicial Process and Judicial…, 135
• Judges create law when forced to choose among competing interpretations. #expands (0.75) — G. Alan Tarr, Judicial Process and Judicial…, 196
• Legal systems rest on customary social rules rather than moral foundations #corroborates (0.75) — HLA Hart, The Concept of Law (Clarendon Law…, 56