[lmm]

Judges fill out the details of law that aren't in the statutes, but they're not meant to create substitute statutes from whole cloth.

[xxpor]

Sure they are. Michigan still has no murder statute. (There's a penalty statute, but the actual definition is common law).

[lmm]

There is non-statute common law from time immemorial, sure, but later law is supposed to be grounded in the stautes.