Common law tradition upholds justice from "summary" of The Common Law Tradition by Karl N. Llewellyn
In the realm of the common law tradition, justice is not merely an abstract concept to be discussed in lofty philosophical terms. It is a living, breathing principle that guides the everyday workings of the legal system. This tradition is rooted in the belief that justice is not something to be imposed from above, but rather something that emerges organically from the interactions between individuals and the legal system. The common law tradition values precedent and the accumulation of case law over time. This emphasis on past decisions serves to ensure consistency and predictability in the legal system, allowing individuals to have a sense of what to expect when they enter the courtroom. Through the application of these precedents, judges are able to uphold justice by ensuring that similar cases are treated similarly, thereby promoting fairness and equality before the law. Furthermore, the common law tradition recognizes the importance of individual rights and liberties. It seeks to protect these rights by limiting the power of the state and ensuring that individuals are not subject to arbitrary or unjust treatment. This commitment to the protection of individual rights is a cornerstone of the justice upheld by the common law tradition. In addition, the common law tradition values the role of judges in interpreting and applying the law. Judges are seen as neutral arbiters who are tasked with upholding justice and fairness in the legal system. Through their careful consideration of the facts of each case and their application of legal principles, judges play a crucial role in ensuring that justice is served.- The common law tradition is grounded in the belief that justice is a fundamental principle that must be upheld in the legal system. Through its emphasis on precedent, individual rights, and the role of judges, the common law tradition seeks to ensure that justice is not just an ideal, but a reality that is achieved through the everyday workings of the legal system.
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