- Current section: Introduction
- Learning outcomes
- 1 The role of the courts and the judiciary
- 2 Part A Historical development of the common law
- Part B Precedent
- 4 Part C Accurate law reporting
- 4.1 Introduction
- 4.2 Tyes of reports
- 4.2.1 Year Books (1275–1535)
- 4.2.2 Private reports (1535–1865)
- 4.2.3 Modern reports (1865 to present)
- 4.2.4 The Law Reports
- 4.2.5 Weekly Law Reports (citation WLR)
- 4.2.6 All England Law Reports (citation All ER)
- 4.2.7 Legal periodicals and newspapers
- 4.2.8 Specialist reports
- 4.2.9 European Community reports
- 4.2.10 DVD-ROMs and internet facilities
- 4.2.11 Neutral citation
- 4.3 Summary of accurate law reporting
- 4.4 Summary of Part C
- 5 Part D The need for statutory interpretation
- 6 Part E The rules of statutory interpretation
- 7 Part F Common law, equity and statute law
- 8 Part G Common law and civil law systems
- 9 Part H Consolidation
- 10 Review of the learning outcomes
- References
- Acknowledgements
from The Open University
Alternatively you can skip the navigation by pressing 'Enter'.
Get Started menu item
What's On menu item
TV
-
Wednesday 22nd May
- 9:00pm, BBC Two, Bankers - Episode 3
- 9:00pm, BBC Two, Bankers
- 11:05pm, BBC One (North East and Cumbria Only, 955 on Sky), Living with Poverty - The Queen of North Shields
- 11:05pm, BBC One (Yorks and Lincs only, 957 on Sky), Living with Poverty - Peas and pay packets
- 11:05pm, BBC One London, East, North East & Cumbria and Yorkshire & Lincolnshire, Living with Poverty
- 11:05pm, BBC One (London only, 954 on Sky), Living with Poverty - Mind the gap
- 11:05pm, BBC One (Cambridgeshire, East only, 962 on Sky), Living with Poverty - Country kids
- Thursday 23rd May
Radio
- Wednesday 22nd May
- Friday 24th May
- Sunday 26th May
-
Wednesday 22nd May
- You are here:
- Home
- Society
- The Law
- Judges and the law
Judges and the law
How do judges make law? This unit will examine how the common...
How do judges make law? This unit will examine how the common law system works, the differences between ‘civil code’ and ‘common law’ systems, and the advantages and disadvantages of the common law system. The role of the judiciary in the law-making process is explored by examining the origins of common law, the system of precedent and the rules of statutory interpretation.
After studying this unit you should be able to:
- understand what is meant by a common law system;
- demonstrate a good knowledge and understanding of what is meant by the common law and how its rules are made and changed;
- demonstrate an understanding of how the common law has developed;
- describe what is meant by a system of binding precedent;
- explain the court hierarchy;
- discuss how a precedent can be altered or avoided;
- identify the ratio decidendi and obiter dictum of a court case;
- explain the role of the judiciary in statutory interpretation
- discuss the rules of statutory interpretation;
- understand the difference between a common law- and civil law-based justice system;
- read and analyse legal materials (cases, statutes and academic commentary).
- Duration: 20 hours
- Published on: Wednesday 15th June 2011
- Level: Introductory
- Posted under: The Law
Contents
Judges and the law
Introduction

This unit considers the way that judges make law, how the common law system works and the advantages and disadvantages of a system like the British one that relies heavily on such rules and rule making. The unit will set out the basic differences between ‘civil code’ systems and ‘common law’ systems, and consider the relationship between judge-made law and statutory law.
This unit is an adapted extract from the course Rules, rights and justice: an introduction to law (W100) [Tip: hold Ctrl and click a link to open it in a new tab. (Hide tip)]
Other pages You might like

Try: Parliament and the law
How are rules made and who can influence this procedure? This unit will introduce you to...

Try: Children and violence: An introductory,...
Children are subject to many forms of adversity, for example, poverty or ill health....

Try: Human rights and law
Human rights now seem to take precedent over many areas of our lives, but where do these...
Try: Starting with law
Starting with law explores key legal concepts such as legal capacity and the rights and...

Try: Europe and the law
This unit will give you a basic understanding of EU law and the interaction between EU...

Try: Making and using rules
Rules affect us all, and the way they are made and interpreted could affect how we live....

Try: OpenLearn Scotland
This unit is intended to be of interest not only to people living in Scotland but to...

Try: Starting with law: An overview of the...
The law is an interesting and lively subject that touches upon all aspects of everyday...

Try: Privacy rights and the law
Privacy has long been recognised as an important human right – but how does society...

Try: Company law in context
The legal issues involved in setting up and running a business can be complex and...

Try: Poverty in Scotland
The facts and figures on poverty often don’t provide a meaningful picture of the...

Try: Finding information in Society
This unit will help you to identify and use information in Society, whether for your work,...
Comments
Be the first to post a comment
Copyright & revisions
Copyright information
- Creative-Commons: The Open University is proud to release this free course under a Creative Commons licence. However, any third-party materials featured within it are used with permission and are not ours to give away. These materials are not subject to the Creative Commons licence. See terms and conditions. Full details can be found in the Acknowledgements section.
Feeds
If you enjoyed this, why not follow a feed to find out when we have new things like it? Choose an RSS feed from the list below. (Don't know what to do with RSS feeds?)
Remember, you can also make your own, personal feed by combining tags from around OpenLearn.
Alternative Formats
Tags, Ratings and Social Bookmarking
Page Tags
Sign in or create a free account to add tags to your personal tag cloud using:
Have you tried our free courses?
Free stuff to your door
Living with Poverty
OU TV & Radio
-
Secrets Of Our Living Planet: Magical ForestEden
Thursday 11:00 -
Secrets Of Our Living Planet: Magical ForestEden
Thursday 15:00 -
Secrets Of Our Living Planet: Magical ForestEden
Thursday 20:00 -
Secrets Of Our Living Planet: Magical ForestEden
Friday 0:01 -
Timewatch: Last Day of WW1BBC Four
Friday 0:05
Views
Votes
Comments
Tags
- climate change (373)
- business (277)
- diaries (194)
- bottom line (169)
- food (168)
- Rough Science (162)
- internet (145)
- BBC Two (145)
- BBC Radio 4 (140)
- BBC (133)
- Scotland (121)
- points for debate (120)
- listings (120)
- Creative Climate (116)
- Bang goes the Theory (116)
- children (116)
- English Civil War (115)
- astronomy (108)
- Thinking Allowed (105)
- religion (98)
- 20th century (94)
- marketing (94)
- Charles I (93)
- communication (92)
- evolution (91)
- sustainability (89)
- research (88)
- architecture (85)
- energy (83)
- National Health Service (NHS) (78)
OpenLearn Links
Copyrighted imageCredit: Background image Lucian Milasan | Dreamstime.com 

