statutory law

Law is the law whose source is a law. Its application affirms the rule of thumb above the exception. AspectsChange text

Depending on the context one stresses different aspects with the expression "law of law": In relation to his writing, legal law is a contrast to the customary law, which is approved without written form. Regarding its application, law is contrary to the case law: where the individual case is inductively deduced from similar cases, the law of the case deductively deduces the individual case from a legal norm. Regarding its authority, law of law is a contrast of judicial law: this is based on the authority of the judge, the law of law on that of a legislator. Regarding his condition, law is contrary to the contract: a contract is created by agreement of concrete persons (see the theories of law), the law of law by general insight into the necessity of a supra-personal codified order (see Rechtspositivivismus). According to the continental-European view, the systematic law of law is more important than the case law and the right to judge from the assessment of each individual case. Edit HistoryQual

According to Christian-medieval righteousness, grace should always be done before right, that is, the exception to the rule. The unification in the Roman Empire, including the right, appeared as a defeated oppression. The arbitrary decisions of legitimate authorities, which were not always mild, were fundamentally governed by general regulations. The custom, but not the letter of the law, served to limit arbitrariness. Because of the individual handicaps resulting from this practice, Roman law has been increasingly reintroduced since the Late Middle Ages.

Fundamental to the modern importance of continental law was the social success of strict regulations in the absolutism of the 17th century. After the French Revolution theories followed that a norm must not be oppression, but an expression of a communion (for example, Jean-Jacques Rousseau: Du Contrat social, 1762).

Another way was the Anglo-Saxon law, in which, according to the customary principle of grace, the individual case is a potential exception over the general and possibly oppressive rule (see Common Law and Equity)

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