Sources Of Law Essay

Sources Of Law Essay-80
Thus, law in its most characteristic form is the case-law or judge-made law.4.

Thus, law in its most characteristic form is the case-law or judge-made law.4.

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Customs, too, are to be fitted to dynamic conditions of society and their rigidity is lubricated by the progressive social forces. This is done by judges, and Justice Holmes, of the United States Supreme Court, gave us a bare truth when he said that judges do and must make laws.

In the primitive society all disputes were decided in accordance with the prevailing social customs.

In the beginning, when the social organisation was simple, customs were based on the general usage of the family, clan or tribe.

They discuss and elaborate the existing law and make it clear where it is ambiguous.

In this process they express their opinions as to what the law ought to be and its effect on society.

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