Judicial decisions promote fairness from "summary" of The Common Law Tradition by Karl N. Llewellyn
The role of judicial decisions within the common law tradition is to promote fairness in the legal system. This concept is deeply ingrained in the principles that guide the decisions made by judges in their interpretation and application of the law. When a judge is faced with a legal dispute, their ultimate goal is to ensure that the outcome is fair and just for all parties involved. This requires a careful consideration of the facts of the case, the relevant legal principles, and the broader implications of the decision on society as a whole. In order to promote fairness, judges must apply the law in a consistent and impartial manner. This means that they must treat similar cases similarly, and not show favoritism or bias towards any particular party. By following established legal principles and precedent, judges can ensure that their decisions are fair and predictable. Furthermore, judicial decisions must also be based on reason and logic, rather than on arbitrary or capricious grounds. This helps to ensure that the legal system operates in a transparent and accountable manner, and that decisions are made in a principled and consistent way.- The concept of promoting fairness through judicial decisions is at the heart of the common law tradition. It reflects a commitment to justice, equality, and the rule of law, and helps to ensure that the legal system functions in a way that is fair and just for all members of society.
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