[Mojave]

codifying common practices into a legal system IS "making it up"

Nice bit of doublethink.

[Republican Party Reptile]

pray tell ... where do laws come from? where do babies come from? where do cars come from? where do dinners come from? Somebody had to "MAKE" them.

Common practices and customs didn't just lend themselves to be put down "as is and without modification" on paper between two leather bound covers with gold lettering of "Law" on the front cover ... the courts and judges had to go through them and make sense of them, put them in order, resolve conflicts and contradictions, clear up ambiguities, decide what to keep and what to throw away ... This is called "Making Up" law.