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Statement I: Salmond says that common law is essentially judge-made law. Statement II: Pollock said that the common law is a customary law, i.e., ba
Question

Statement I: Salmond says that common law is essentially judge-made law.
Statement II: Pollock said that the common law is a customary law, i.e., based on customs.
In the light of the above statements, choose the most appropriate answer from the options given below:

A.

Both Statement I and Statement II are true

B.

Both Statement I and Statement II are false

C.

Statement I is true, but Statement II is false

D.

Statement I is false, but Statement II is true

Correct option is A

The correct answer is A: Both Statement I and Statement II are true.

Explanation

Statement I is True:Sir John William Salmond belonged to the Analytical school of jurisprudence. He emphasized that the law is the body of principles recognized and applied by the State in the administration of justice. He famously asserted that Common Law is essentially judge-made law, as it consists of the rules and principles created and refined by judges through their decisions (precedents) rather than through formal legislation.

Statement II is True:Sir Frederick Pollock, a renowned legal historian and jurist, viewed the Common Law as a customary law. He argued that the early foundations of the English Common Law were based on the "general custom of the realm." According to this view, judges did not "make" the law but rather discovered and declared the existing customs of the people, giving them legal force.

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