declaratory theory

The view, associated with Blackstone and grounded in legal positivism, that judges do not make the common law, but merely find, declare and apply it. See legal formalism.

Related content in Oxford Reference

Reference entries
declaratory theory
in A Dictionary of Law (7) Length: 96 words
declaratory theory
in A Dictionary of Law Enforcement Length: 93 words
declaratory theory
in Encyclopaedic Dictionary of International Law (3) Length: 210 words
declaratory theory (of law)
in Australian Law Dictionary Length: 32 words

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date: 05 September 2024