Statutory law is law whose source is a law. Its application reaffirms the primacy of the rule of the exception.
Depending on the context, it emphasizes the expression statutory law different aspects: in terms of its literacy statutory law is contrary to the common law, which was approved without writing. In terms of its application statutory law is a contrast to the case law: There is inductively closed on similar cases on the individual case, the statutory law of the individual case is derived deductively from a legal norm. In terms of his authority statutory law is a contrast of the judges law: That is based on the authority of the judge, the statute law to that of a legislator. In terms of its coming statutory law is a contrast to the Contract: A contract is formed by agreement of specific individuals (see contract theory ), the statutory law by general recognition of the necessity of a supra-personal codified regulations ( see legal positivism ).
After continental European view has systematized the statutory law a higher priority than the case law and the case law emanating from the assessment of each individual case.
According to medieval Christian notions of justice should always be taken before justice, that is, the exception are faced with the rule of grace. The standardization of the Roman Empire, including the right appeared as overcome oppression. The arbitrary decisions of legitimate authorities, which were not always mild, were basically about generalizing rules. In order to limit the arbitrariness was the custom, but not the letter of the law. Because of the individual handicaps resulting from this practice, the Roman law was increasingly re-established since the late Middle Ages.
Fundamental to the modern meaning of the continental statutory law was the social success of strict regulations in the absolutism of the 17th century. On it followed before the French Revolution theories that a standard does not must mean suppression, but could be an expression of the general will ( as Jean -Jacques Rousseau: The Social Contract You, 1762).
Another way was the Anglo-Saxon law, which (according to the traditional grace principle ) of the individual case as a potential exception to the generalizations and possibly oppressive rule is (see Common Law and Equity).
- Methodology of Law