Making Law

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Making Law

The first law to be initiated was termed as common law. This was a feudal law initiated in England as a result of Norman Conquest of England. Henry II is accredited as the Father of the common law, he developed the body of law that was applied nationally, and the decisions were written down, circulated and summarized. Henry de Bracton further the commonality into case laws. Judges justified decisions in regards to customs, traditions and history. This earned him the name “father of the case law.’ Under common law system, every final decision from court ruling creates precedent. Precedent and stare decisis governs court issuing decision as well as any lower court. Not every pronouncement court makes in a ruling establishes precedent. Precedent are not necessarily unchangeable. William Blackstone believed that laws were creations of God waiting to be discovered via use of reason. He categorized laws into four parts: private wrongs, public wrongs, rights to individuals and property rights.

There exist various sources of legislative laws, these include; statutes, ordinance, administrative regulation and the constitution. The other source of appropriate conduct are religion and ethics. Administrative regulation is another form of regulation that has force of law. Statutes are frequently written broadly. They are written ambiguously for two main reasons: political implication and need for compromise, and difficult to define something involving human conduct. Sources of individual rights include case laws, federal and state constitution and court rules and legislations. The bill of rights was ratified in 1791 with the first eight amendments set out twenty three individual rights.