Common law tradition balances stability from "summary" of The Common Law Tradition by Karl N. Llewellyn
The stability of the common law tradition is a fundamental aspect that must be carefully balanced. This tradition is built upon a foundation of precedent and the gradual development of legal principles over time. Each new case must be decided in light of existing principles, ensuring a degree of continuity and predictability in the law. At the same time, the law cannot remain stagnant. Society evolves, and the law must evolve with it. This tension between stability and change is at the heart of the common law tradition. Judges must carefully consider the implications of their decisions, balancing the need for stability with the need for adaptation to new circumstances. One of the key mechanisms for balancing stability within the common law tradition is the doctrine of stare decisis. This doctrine requires judges to follow the precedents established in previous cases, providing a degree of consistency in the law. However, it also allows for flexibility, as judges are not bound by precedent in every case. Another important aspect of balancing stability within the common law tradition is the concept of judicial restraint. Judges must exercise caution in interpreting the law, avoiding radical departures from established principles. This restraint helps to maintain the integrity of the legal system and prevent abrupt shifts in the law.- The common law tradition seeks to strike a delicate balance between stability and change. By carefully considering precedent, exercising judicial restraint, and adapting to new circumstances, the law can remain both consistent and responsive to the needs of society. This balance is essential for the continued strength and relevance of the common law tradition.
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