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Common Law Through The Jurist’s Lens: Tradition, Critique, And Continuity




Prof. R.K. Murli, Banaras Hindu University


ABSTRACT


This article explores the historical evaluation of the common law system and traces the roots of common law from medieval England. It also highlights how judicial precedents and customs gradually shaped a case-based legal framework. The discussion also turns to legal realist movement, which challenges the formalist notion that judges merely apply pre-existing rules. Instead, realists argue that judges inevitably shape law through interpretations. The article further analyzes the classical opinions of John Austin, Jeremy Bentham and H.L.A. Hart on judicial law making.


Keywords: Common Law, Judge made law, Precedent, Justice.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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