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.
My purpose in this Lecture is, first, the description of the special characteristics of judicial legislation as regards its relation to public opinion;
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.