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Judges create case law, over and over. Common law was created that way, and tons more is created that way every day.

I don't know why you assume this is better that popularly chosen law.



Common law is popularly chosen law created by the people. Statutory law (almost entirely with the exception of a few states and their referendums) isn't. Statutory laws applying to 350+ million people are crafted by 435 people.


>Common law is popularly chosen law created by the people

No it's not. It's case law from England. It's created by judges.




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