Common law builds on past rulings from "summary" of The Common Law Tradition by Karl N. Llewellyn
The common law system is a legal tradition that is characterized by its reliance on past judicial decisions to establish and interpret legal rules and principles. This principle, known as stare decisis, forms the foundation of the common law tradition. Stare decisis, which translates to "to stand by things decided," means that courts are bound by the decisions of higher courts within the same jurisdiction. This concept ensures consistency and predictability in the law, as lower courts must follow the legal reasoning and outcomes of previous cases. When a court is faced with a legal issue that is similar to one that has been previously decided, it will look to past rulings for guidance. The court will analyze the facts and legal arguments presented in the previous cases and apply the principles established in those cases to the current situation. By building on past rulings in this way, the common law system is able to adapt and evolve over time to meet the changing needs of society. The reliance on past rulings allows the common law system to develop gradually, with each decision contributing to the body of legal principles that govern our society. As new cases are decided, they become part of the legal landscape and serve as precedents for future cases. This iterative process of building on past rulings ensures that the law remains relevant and responsive to the needs of the community it serves. In addition to promoting consistency and predictability, the common law tradition also values the importance of judicial reasoning. Courts are expected to provide clear and reasoned explanations for their decisions, which helps to ensure transparency and accountability in the legal system. By articulating the legal principles that underlie their decisions, judges contribute to the ongoing development of the common law and provide guidance for future cases.- The concept of building on past rulings is central to the common law tradition. By drawing on the accumulated wisdom of previous decisions, courts are able to uphold the rule of law, promote fairness and justice, and adapt to the changing needs of society. This iterative process of legal development ensures that the common law remains a living and dynamic system that continues to serve the interests of justice and the common good.
