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...
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