Judges are the source of law in common-law but legislatures in civil-law systems

Evidence

In common-law systems, it is the judge, enunciating law in the course of resolving disputes. In civil-law systems, it is the legislative authority, announcing governing legal principles or, in the case of the Napoleonic Code, a more or less comprehensive body of law. — G. Alan Tarr, Judicial Process and Judicial…, 135

Categorization

• XREF: connects to: World legal systems divide into common-law and civil-law families by origin — G. Alan Tarr, Judicial Process and Judicial…, 104; Common law originated in judge-made decisions resting on societal customs and practices. — G. Alan Tarr, Judicial Process and Judicial…, 134; American courts inherited common-law rulemaking and thus judges make law — G. Alan Tarr, Judicial Process and Judicial…, 138 (+11 more)

Broader Connections

• Civil law systems trace their source of law to written codes. #corroborates (0.90) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 118
• The American legal system is common law yet distinctive for judicial policymaking #qualifies (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 213
• Common-law policymaking is constrained; judges cannot simply impose their own policy preferences #qualifies (0.82) — G. Alan Tarr, Judicial Process and Judicial…, 2805
• Courts may revise common-law rules even where legislatures have failed to act #exemplifies (0.80) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2368
• Implicit negotiation between courts and legislatures shapes common law even absent statute #complicates (0.78) — G. Alan Tarr, Judicial Process and Judicial…, 3539
• Common law judges may only decide the case before them #qualifies (0.78) — Burton, Steven J, An Introduction to Law and Legal…, 227
• Judges create law when forced to choose among competing interpretations. #expands (0.75) — G. Alan Tarr, Judicial Process and Judicial…, 196
• Judge-made common law originated as customary unwritten law. #expands (0.75) — G. Alan Tarr, Judicial Process and Judicial…, 133
• Common law rules arise from comparing cases, not from tracing prior logic #expands (0.72) — Burton, Steven J, An Introduction to Law and Legal…, 222
• Common law legitimacy derives from published judicial opinions and public reasoning. #qualifies (0.72) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 115