In Scotland, did judges develop 'common law' by following previous unwritten decisions?
Scottish law has a fascinating history, and it's important to understand that it's distinct from the legal system in England and Wales. While both systems share some common roots, a key difference lies in how laws are developed. In England, 'common law' evolved over centuries through judges making decisions in individual cases, and these precedents then became binding for future cases. This is often referred to as 'unwritten law' because it's based on these accumulated judicial rulings rather than formal statutes. However, Scotland operates under a 'mixed' legal system, blending elements of both common law and civil law. Civil law systems, like the one influenced by Roman law, rely heavily on comprehensive legal codes. So, while Scottish judges do consider previous decisions, the legal framework is primarily based on codified, or written down, laws. This means the statement is false because, in Scotland, the legal system is not primarily based on judges developing 'common law' through unwritten decisions in the same way as in England.
Remember that Scottish law is 'codified' or written down, unlike the 'unwritten' common law developed in England.