Salmond's Opinion on Common Law

Salmond expressed the opinion that common law is essentially a judge-made law. This is a key concept in understanding the development and application of common law systems.

Explanation

Definition of Common Law
Common law is a system of law that is based on judicial decisions and precedents rather than on statutes or codes. It is developed through the decisions of courts rather than through legislative action.

Judge-Made Law
In a common law system, judges play a crucial role in interpreting and applying the law. They make decisions based on the facts of the case before them and establish legal principles that become precedents for future cases. Over time, these judicial decisions shape the body of common law.

Role of Judges
Judges in common law systems have the authority to interpret statutes, fill gaps in the law, and create new legal principles through their decisions. This process of judge-made law is essential to the evolution and adaptability of the common law system.

Salmond's View
Salmond's opinion that common law is essentially judge-made reflects the central role that judges play in the development and application of the law in common law systems. By applying legal principles to specific cases and creating new precedents, judges contribute to the ongoing evolution of the common law.

In conclusion, Salmond's view underscores the dynamic and evolving nature of common law, which is shaped and developed through the decisions of judges.