Unwritten decisional common law remains the underlying framework of American state legal order

Evidence

The immediate concern of this chapter is with the role of the courts in the development of the American common law - the body of unwritten, self-applying, decisional law which historically has been the basic instrument of official regulation in the legal systems of all the American states except Louisiana, and which currently provides still the underlying framework of order. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2

Categorization

• DEFINE: Defines common law as ‘unwritten, self-applying, decisional law’ and notes Louisiana’s civilian exception.
• XREF: connects to: American courts adopted only the English common law applicable to local conditions — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 972; The American legal system is common law yet distinctive for judicial policymaking — G. Alan Tarr, Judicial Process and Judicial…, 213; US constitutional argument forms derive from common-law modes overlaid on the state. — Philip Chase Bobbitt, Reflections Inspired by My Critics, 225 (+8 more)

Broader Connections

• The American legal system is common law yet distinctive for judicial policymaking #expands (0.82) — G. Alan Tarr, Judicial Process and Judicial…, 213
• State common-law rulings, not statutes, govern most tort liability #exemplifies (0.82) — G. Alan Tarr, Judicial Process and Judicial…, 3398
• US constitutional argument forms derive from common-law modes overlaid on the state. #expands (0.80) — Philip Chase Bobbitt, Reflections Inspired by My Critics, 225
• Common law rules arise from comparing cases, not from tracing prior logic #expands (0.78) — Burton, Steven J, An Introduction to Law and Legal…, 222
• Courts may revise common-law rules even where legislatures have failed to act #expands (0.78) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2368
• Common law adjudication cycles induction and deduction into new rules #expands (0.75) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 168
• Judicial rulings can set legal obligations without settling disputed public policy #expands (0.75) — G. Alan Tarr, Judicial Process and Judicial…, 207
• Most American law remains state law despite federal growth #corroborates (0.72) — Lawrence M. Friedman, A History of American Law, 3761
• A legal principle emerges from a long line of decisions. #expands (0.72) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 134
• The common law approach to statutory interpretation has many shades and variants, which license varying degrees of judicial freedom in interpretation; but a central or defining idea is that judges… #expands (0.72)