| My professional interests |
|
Computing Law Education Science and research |
| My leisure interests |
|
Martial arts Heritage railways Garden railways Motorcycles DIY |
| Downloads |
|
Linux downloads Windows downloads Java downloads Perl downloads Home automation downloads |
| About me |
|
Home & family My CV |
| Site info |
|
Contact the author Download policy Keyword index |
The declaratory theory states that when a judge makes a decision in a particular case, he is not determining what the law should be, he is stating what the law is. This theory gives force to the system of binding precedent (see StareDecisis), because if judge A in a superior court decides that the law is something-or-other, then of course his decision must be followed by lower courts.
The declaratory theory has no foundation in logic or in fact; nevertheless, it continues to be propounded as dogma by many judges and lawyers. See TheProblemWithPrecedent for a more detailed discussion of the issues involved.
| Search |
| Shameless plug |
 By the author of this site. Buy on-line from Amazon USA | UK |
| Editorial |
So you want to be a university lecturer? Read this first! Speak like your boss: new developments in managerese |
| Computing features |
|
File handling in the Linux kernel: an in-depth look at how Linux handles files, filesystems, and file I/O
All sorts of Linux stuff Confused about CLASSPATH? answers are here First steps in EJB using jBoss (recently revised for jBoss 3.2) |