Introduction:Statute Law and Judge-Made Law through the Comparative Lens The relationship between the roles of the legislature and of the judiciary in the development of law in a legal system is a subject of enduring ...Introduction:Statute Law and Judge-Made Law through the Comparative Lens The relationship between the roles of the legislature and of the judiciary in the development of law in a legal system is a subject of enduring interest.The traditional comparative law scholarship regards the different relationship between statute law and judge-made law,and in particular the different role of the judge,as ones of the"characteristic differences"between the common law and the civil law traditions.[2]In the conventional view,civil law is mostly a codified system where the role of the judge is primarily to interpret and apply a written body of statutes,whereas common law is made and developed in展开更多
基金supported by The Chinese University of Hong Kong direct grant for research(No.2020986)the United College Endowment Fund Research Grant(No.CA11115)
文摘Introduction:Statute Law and Judge-Made Law through the Comparative Lens The relationship between the roles of the legislature and of the judiciary in the development of law in a legal system is a subject of enduring interest.The traditional comparative law scholarship regards the different relationship between statute law and judge-made law,and in particular the different role of the judge,as ones of the"characteristic differences"between the common law and the civil law traditions.[2]In the conventional view,civil law is mostly a codified system where the role of the judge is primarily to interpret and apply a written body of statutes,whereas common law is made and developed in
