Judge-made law
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judge-made law · judicial legislation · case-law
in the texts
Lectures on the Relation between Law and Public Opinion in England
Law created by the courts through judicial decisions rather than by statute; the lecture's central subject.
Judicial legislation, then, is a form of law-making which aims at and tends towards the maintenance of a fixed legal system.
If a statute, as already stated, is apt to reproduce the public opinion not so much of to-day as of yesterday, judge-made law occasionally represents the opinion of the day before yesterday.
My purpose in this Lecture is, first, the description of the special characteristics of judicial legislation as regards its relation to public opinion;