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. Le...
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