Also as someone that holds a law degree from a country with codified law and a very strict and proven legal theoretical construct, I find the idea of case law rediculous. It’s outdated - by centuries
Can you elaborate here? What makes case law outdated and what drawbacks does it have, in your opinion?
It has no constructual theory underlining it. It does evolve, but only when lawyers and judges are open to progressive change.
The same applies to codified law in theory. However law science takes much more room. Scholars argue in all directions and publush their oppinions. Law makers and hugh courts use those as well as fundamental changes in public oppinion to shape laws or write them from the ground up. And codified law does know precedent, it is rarely completely binding though. Lower courts may present differing oppinions and divert from precedent.
It also gives the people a much better access to law. You can just easily read up upon it. In fact penal law for one is written purposefully so that everyone should be able to understand it.
Also juries? In what world does one think having 20 something random people decide whether someones guilty?
Can you elaborate here? What makes case law outdated and what drawbacks does it have, in your opinion?
It has no constructual theory underlining it. It does evolve, but only when lawyers and judges are open to progressive change.
The same applies to codified law in theory. However law science takes much more room. Scholars argue in all directions and publush their oppinions. Law makers and hugh courts use those as well as fundamental changes in public oppinion to shape laws or write them from the ground up. And codified law does know precedent, it is rarely completely binding though. Lower courts may present differing oppinions and divert from precedent.
It also gives the people a much better access to law. You can just easily read up upon it. In fact penal law for one is written purposefully so that everyone should be able to understand it.
Also juries? In what world does one think having 20 something random people decide whether someones guilty?