What does common law consist of?

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Common law consists primarily of customary law, which evolves through the decisions made by judges and the outcomes of court cases over time. This body of law is characterized by precedents, meaning that past judicial decisions are used as a reference point to resolve current cases. Customary law is shaped by the norms and practices that have been accepted by society, thus reflecting societal values and changing circumstances.

In contrast, written statutes are formal laws enacted by legislative bodies and represent a different source of law altogether, rather than the customary, evolved aspects of common law. International treaties and administrative regulations derive from specific agreements or governmental rules, respectively, and do not encompass the broader judicial and customary practices that define common law. Therefore, the relationship of common law to customs and judicial interpretations makes it distinct, reinforcing why it is best described as consisting of customary law.

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