Common law tradition values precedent from "summary" of The Common Law Tradition by Karl N. Llewellyn
The foundation of the common law system is the principle of precedent. This means that decisions made by higher courts are binding on lower courts. Judges are expected to follow the rulings of higher courts when deciding similar cases. This reliance on precedent ensures consistency and predictability in the law. It also promotes fairness and equality by treating similar cases in a similar manner. Precedent is not only about following past decisions blindly; it is about building on them and adapting them to new circumstances. Judges have the flexibility to distinguish cases when they believe the facts are different enough to warrant a different outcome. This allows the law to evolve and respond to changing societal norms and values. The concept of precedent also reflects a respect for tradition and continuity in the legal system. By valuing past decisions, the common law system acknowledges the wisdom and experience of previous generations of judges. It recognizes that the law is not static but is constantly developing through a dialogue between the past and the present. In addition to providing stability and consistency, precedent also promotes efficiency in the legal system. Judges can rely on established principles and reasoning in previous cases, rather than starting from scratch every time. This saves time and resources and allows for quicker resolution of disputes.- The tradition of valuing precedent in the common law system serves to uphold the rule of law and ensure that justice is administered fairly and predictably. It fosters a sense of continuity and coherence in the legal system, while also allowing for adaptation and growth in response to changing circumstances.
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