Who described Declaratory Theory or the view that judges declare law as a childish fiction employed ...........

Who described Declaratory Theory (or the view that judges declare law) as a childish fiction employed by our judges that common law is not made by them : but is a miraculous something made by nobody. Existing, I suppose, from eternity and merely declared from time to time by the judges ?

Bentham

Asutin

Gray

Salmond.

Explanation:

Correct Option 1: Bentham

The quote describing the Declaratory Theory as:

"a childish fiction employed by our judges that common law is not made by them: but is a miraculous something made by nobody. Existing, I suppose, from eternity and merely declared from time to time by the judges"

was made by Jeremy Bentham.

Bentham was a prominent English philosopher and legal theorist known for his criticism of common law and for advocating legal reform and codification. He strongly opposed the idea that judges merely "declare" pre-existing law and argued that they, in fact, make law through their interpretations.