Early English judges drew on unwritten custom because no statutes existed.

Evidence

The judges could not rely upon parliamentary enactments for guidance—Parliament’s emergence as a legislative body was still several centuries in the future. Nor could the judges rely much on royal edicts, for these did not extend to many of the legal problems confronting the judges. Rather, as William Blackstone observed in his famous treatise on the common law, the judges looked to a body of “unwritten law,” the common law, for guidance. — G. Alan Tarr, Judicial Process and Judicial…, 108

Categorization

• XREF: connects to: Common-law judging habits now shape statutory interpretation too. — G. Alan Tarr, Judicial Process and Judicial…, 117; The common law adapts to social and economic change — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1311; Judge-made common law originated as customary unwritten law. — G. Alan Tarr, Judicial Process and Judicial…, 133 (+1 more)

Broader Connections

• English juries originally judged from personal knowledge, not presented evidence #complicates (0.80)