In order to have the force of law, it is necessary that a conduct norm be enrolled in some national code?

Question

In order to have the force of law, it is necessary that a conduct norm be enrolled in some national code?

Answer 1

Given my understanding of this question, the basic answer to this question is no, in either civil or common law systems.



Obviously, a statute or code cannot cover all sorts of conduct, including future conduct that are not anticipated by a statute or code (i.e. internet regulation). Here, a court may be used to interpret conduct that is not regulated by some statute or code and give an opinion on the issue at hand. That opinion, under either common law or civil law, is given "force of law," or precedential value, in which lower courts are under an obligation to follow.

Answer 2

Well, there ARE codes ( in fact, the laws are called codes ). They are supposed to help with conduct, but as my father-in-law (retired cop) says:

"Locks only keep out honest people."



Same as the gun laws...people who give regard to the laws aren't going to misuse them...codes are not going to stop criminals.



As far as a code of conduct...how about the 10 commandments that everyone wants to ban from our governmental buildings?



******PS***

Simper Fi, from a jarhead's wife