Certainty, Common Law, and Statutory Law: Todd Zywicki of Scalia Law
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Uncovering Law: Insights from Roman and Common Law
This chapter explores the distinction between discovering law and enacting it, drawing on historical insights from Roman law to inform modern legal systems. It emphasizes the judicial process as one of observation, akin to scientific inquiry, and discusses the evolution of legal thought, particularly the influence of legal positivism. Additionally, it examines the complexities of judicial decision-making in relation to common law, the concept of fairness, and the historical preferences of merchants for law merchant courts.
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