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 r...Similar Posts
Case law sets legal precedence
Case law plays a vital role in the common law tradition by establishing legal precedents that guide future judicial decisions. ...
Economic analysis provides insights into legal decisionmaking
Economic analysis offers a unique perspective on legal decision-making, shedding light on the implications of different laws an...
Common law tradition upholds justice
In the realm of the common law tradition, justice is not merely an abstract concept to be discussed in lofty philosophical term...
It encompasses a variety of criminal offenses
The concept of encompassing a variety of criminal offenses is a fundamental aspect of the Indian Penal Code. This code is desig...
Legal systems adapt to societal needs
The evolution of legal systems is closely intertwined with the changing needs of society. As societies progress and develop, th...