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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 large
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. Traditional propriety 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 preferred to interpret and apply a written body of statutes, but common law is made and developed in large