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“The judges were the discoverers and not the makers of the law” …. If what the judges did was to declare a law not before existing the subjection by them of one of the parties of liability for an infraction of the law in a transaction occurring belong the existence of law would be an indefeasible outrage”.
Mathew Hale
Blackstone
Scrutton L.J.
Dr. Carter
William Blackstone, a renowned legal scholar, famously stated in his Commentaries on the Laws of England that judges do not create law, but rather discover it. This aligns with the "declaratory theory" of law, where judges are seen as interpreting and applying existing legal principles to specific caseses.
By: Parvesh Mehta ProfileResourcesReport error
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