INTRODUCTION
The relationship between statute and unwritten law is remarkably abstruse. It is also of considerable importance to the functioning of the common law. Judges and scholars have made some attempts to address the questions raised by this legal juncture; only a very partial set of answers, however, has been produced. A proper understanding of this relationship necessarily extends beyond the interplay of these two laws from the standpoint of interpretation. The effect of one on the other (and vice versa) is multifaceted. Statute, for example, may: directly replace or modify the unwritten law …
Michael Gvozdenovic, Statute, Common Law, and Analogical Reasoning: Pouring Oil on Troubled Waters, Statute Law Review, Volume 43, Issue 3, October 2022, pages 315-340. Published: 25 September 2022.
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