Are Judges the Makers or Discoverers of the Law?

Categories: JusticeLaw

The views of the latter three jurists are very complicated and need particular attention. It is also pertinent to note that no one has explored the views of leading judges and jurists in Pakistan to know which theory of adjudication they support. This work analyses some of the prominent decisions given by some of the notable Pakistani judges.

This view is shared by lawyers, law teachers, law students and judges alike. The prevailing opinion of all those persons who deal with law in one way or the other in the Indo–Pak sub-continent or in the Anglo–American legal world is that a decision of a court of law, especially a court of last resort which explicitly or implicitly lays down a legal proposition, constitutes a source of law.

The importance of precedent can be gauged merely by the fact that almost all authors from the above-mentioned regions treat precedent as a source of law.

The above view may be undisputed in our own times but historically and jurisprudentially, it has always been disputed.

Get quality help now
Prof. Finch
Prof. Finch
checked Verified writer

Proficient in: Justice

star star star star 4.7 (346)

“ This writer never make an mistake for me always deliver long before due date. Am telling you man this writer is absolutely the best. ”

avatar avatar avatar
+84 relevant experts are online
Hire writer

Ascribing authoritative force to a precedent is to some extent grounded on the assumption that court decisions are a source of law and that judges are entitled to make law in much the same sense as the legislator. The role of the judge in the process of adjudication as a law maker is the subject of disagreement and debate. Many famous jurists, among them Bacon, Hale, and Blackstone, were convinced that the office of the judge was only to declare and interpret the law, but not to make it.

Get to Know The Price Estimate For Your Paper
Topic
Number of pages
Email Invalid email

By clicking “Check Writers’ Offers”, you agree to our terms of service and privacy policy. We’ll occasionally send you promo and account related email

"You must agree to out terms of services and privacy policy"
Write my paper

You won’t be charged yet!

2

Updated: Jul 20, 2021
Cite this page

Are Judges the Makers or Discoverers of the Law?. (2018, Oct 31). Retrieved from https://studymoose.com/are-judges-the-makers-or-discoverers-of-the-law-essay

Are Judges the Makers or Discoverers of the Law? essay
Live chat  with support 24/7

👋 Hi! I’m your smart assistant Amy!

Don’t know where to start? Type your requirements and I’ll connect you to an academic expert within 3 minutes.

get help with your assignment