Legal reasoning follows precedent from "summary" of The Common Law Tradition by Karl N. Llewellyn
In the common law tradition, legal reasoning operates within a framework where past decisions serve as guiding principles for current cases. This concept is rooted in the principle of stare decisis, which means to stand by things decided. When a court decides a particular issue, that decision becomes a precedent that subsequent courts are expected to follow. This principle of following precedent is crucial for maintaining consistency and predictability in the legal system. By adhering to precedent, judges ensure that similar cases are treated similarly, which promotes fairness and equality before the law. Precedents help to prevent arbitrary decision-making and provide a sense of continuity in the development of legal principles. This reliance on past decisions allows for the gradual evolution of legal rules and doctrines over time, as judges build upon and refine the reasoning of earlier cases. Legal reasoning based on precedent is not simply a matter of blindly applying past decisions to current cases. Judges engage in a process of analogical reasoning, where they compare the facts and issues of the present case to those of previous cases in order to determine the appropriate legal outcome. This process involves identifying the relevant similarities and differences between cases and applying legal principles in a way that is consistent with established precedents. While precedent is a fundamental aspect of legal reasoning in the common law tradition, it is not an inflexible rule. Courts have the authority to distinguish or overrule precedents when they are no longer considered sound or applicable to the current circumstances. This flexibility allows the law to adapt to changing social, economic, and technological realities while still maintaining respect for the past decisions of the courts.- The concept of legal reasoning following precedent is a central feature of the common law system. It reflects a commitment to consistency, fairness, and gradual development in the application of legal principles. By looking to past decisions as a guide, judges ensure that the law remains responsive to the needs of society while upholding the principles of justice and the rule of law.
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