THE DISTINCTIVE ATTRIBUTES OF LAW ARISING FROM CUSTOM AND PRECEDENT
Law that arises from custom and precedent has special qualities that differ from laws simply created by a ruler. These rules are often more abstract and purpose-independent, guiding how individuals interact with one another without aiming for specific outcomes. They allow people to plan actions by defining what is acceptable behavior within society. Essentially, this kind of law, which includes common law, uses established practices to create universal principles that can apply to new cases.
When common law judges make decisions, they focus on what reasonable expectations the parties involved may have had based on those practices. Judges must refer to customs or rules that could guide these expectations, even if they weren't formally articulated. Their role isn't to assess the expediency of actions from a higher viewpoint but rather to determine if these actions align with recognized rules. The judge's concern is primarily the adherence to these established norms, regardless of the specific results that might arise from applying them.
Judges operating under common law develop a unique ability to derive general principles from precedents, as they're not bound by a complete list of rules. This allows them to create abstract rules that reflect established customs rather than specific commands from a ruler. Overall, laws growing from customs aim to maintain order rather than achieve certain outcomes through direct commands.
Law that arises from custom and precedent has special qualities that differ from laws simply created by a ruler. These rules are often more abstract and purpose-independent, guiding how individuals interact with one another without aiming for specific outcomes. They allow people to plan actions by defining what is acceptable behavior within society. Essentially, this kind of law, which includes common law, uses established practices to create universal principles that can apply to new cases.
When common law judges make decisions, they focus on what reasonable expectations the parties involved may have had based on those practices. Judges must refer to customs or rules that could guide these expectations, even if they weren't formally articulated. Their role isn't to assess the expediency of actions from a higher viewpoint but rather to determine if these actions align with recognized rules. The judge's concern is primarily the adherence to these established norms, regardless of the specific results that might arise from applying them.
Judges operating under common law develop a unique ability to derive general principles from precedents, as they're not bound by a complete list of rules. This allows them to create abstract rules that reflect established customs rather than specific commands from a ruler. Overall, laws growing from customs aim to maintain order rather than achieve certain outcomes through direct commands.