Abstract

http://ssrn.com/abstract=1674899
 


 



State's High Court Justices Do Make Law


Norman Otto Stockmeyer


Thomas M. Cooley Law School


Detroit News, October 5, 2000

Abstract:     
This Op-ed article challenges the notion that judges should "enforce the law, not make the law." In a common-law jurisdiction, appellate judges have the authority, and indeed the duty, to "make law." Judging involves more than enforcing the will of the legislature. The vast majority of the law that governs us is the common law, and that's a good thing. Legislators are good at passing laws but poor at updating or repealing them as conditions change. They're more interested in planting seeds than cultivating. Judges, particularly at the highest levels, make law continuously as they tend the garden of the common law, advancing or retarding its growth. The public needs to know more about candidates for judicial office than whether they will strictly interpret legislation. They need to ask in what direction will candidates take our state's common law.

Keywords: common law, judges making law, strict construction, appellate courts

Accepted Paper Series


Download This Paper

Date posted: September 11, 2010  

Suggested Citation

Stockmeyer, Norman Otto, State's High Court Justices Do Make Law. Detroit News, October 5, 2000. Available at SSRN: http://ssrn.com/abstract=1674899

Contact Information

Norman Otto Stockmeyer (Contact Author)
Thomas M. Cooley Law School ( email )
300 S. Capitol Avenue
P.O. Box 13038
Lansing, MI 48901
United States
HOME PAGE: http://www.cooley.edu
Feedback to SSRN


Paper statistics
Abstract Views: 80
Downloads: 4

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.313 seconds