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 an...
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