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Discuss the Extent to Which Judges Do Create and Develop the Law.

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Submitted By SonokoIsami
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Discuss the extent to which judges do create and develop the law.

Nowadays, law is not strange with all people. Similarly, almost people know the importance of judges. However not at all people can understand clearly how judge impact on creating and develop law. The purpose of this essay is providing some clear information and helping some people recognize the role of judges.

To understand the role of judge, people should know who judges are or what they do. Firstly, judges are people who supervise a court of law. Exactly, the role of a judge depends on what country that judge works in, and what kind of court they preside over. Judges must be fair and honest. They must make decisions and give guidance based on the most authentic to the law, even if he or she does not personally agree. Because of this, the job of a judge is very important (Kagan, 2010).

Next topic is the role of judges in creating law. With the assumption that the positive law has limits and sometimes the judges are supposed to expand its borders, people must understand what a positive law is, why it has limits and why and how a judge can change the and expand the law when it is necessary. The positive law mean the law that is sanctioned by the Parliament and Legislature, produced by legitimate and democratically elected representatives, systematized and accepted by the society. In democratic societies and countries, this law is a result of the work of elected officials and it reflects the political and social goodwill of the majority of people and the pressures of the groups with special interests. However the social preferences always change, the majorities are mobile, and the lobbyists are different. One law or statute reflects the intent of a nation or community in a definite time and while the social and cultural preferences do not change quickly, yet there are always situations in which

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