8 ms·
Legitimate? Unless it's in a text of law, it's not legitimate. I could argue that he's not a judge the same way.
by lywald 15y ago
Legitimate? Unless it's in a text of law, it's not legitimate. I could argue that he's not a judge the same way.
- CWuestefeld 15y agoUnless it's in a text of law, it's not legitimate. This is not correct. There's always some degree of ambiguity, and as the Courts hear cases that test those ambiguities, those precedents -- known as "case law" -- effectively become part of the law, even though they're not in the text.
- shadowfiend 15y agoVery very incorrect. See http://en.wikipedia.org/wiki/Case_law http://en.wikipedia.org/wiki/Case_law and http://en.wikipedia.org/wiki/Common_law http://en.wikipedia.org/wiki/Common_law , which have the force of law but are neither statutory nor regulatory law (which I assume is what you mean by “a text of law”; arguably case law, since it is in the form of written decisions, actually is “a text of law” anyway).
- anigbrowl 15y agoWrong. What you are describing is a Civil Law system, where written code has priority over all else. The US has a common law legal system. http://en.wikipedia.org/wiki/Civil_law_(legal_system) http://en.wikipedia.org/wiki/Civil_law_(legal_system)