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It is natural that case workers, keenly aware as they are of the slow and difficult processes involved in character-rebuilding, look askance at the court-made reconciliations.
Tribal law is therefore court-made law, and such customary law grows out of the exigencies which daily life presents to the people. The problems as they arise are solved as best they may be, and the deliberations of the councils look not to the future but only to the present, and are invoked to settle controversy, that peace may be maintained.
Now this is true, even to-day, of our English and our American law. That is, the great bulk of the law that is administered in our courts is not "written," it is not in any code. There are, of course, text-books on the subject, but they are of no binding authority. It resides in the learning of the judges. It is what is called court-made law "jus dicere," not "jus dare."
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