Regarding precedents, which jurist, a leading exponent of the declaratory theory, described judges as “the living oracles” of the law?
Question and options
Regarding precedents, which jurist, a leading exponent of the declaratory theory, described judges as “the living oracles” of the law?
- Blackstone
- Gray
- Bacon
- Holmes
Answer and explanation
Correct answer: A - Blackstone
In his Commentaries on the Laws of England, Sir William Blackstone called the judges “the depositary of the laws; the living oracles”, who declare rather than make law. This is the core of his declaratory theory of precedent, which realists such as Gray and Holmes later criticised.
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