Precedent guides judicial discretion from "summary" of The Common Law Tradition by Karl N. Llewellyn
The common law tradition places great importance on the concept of precedent in guiding judicial decision-making. Precedent serves as a crucial tool for judges to exercise their discretion in a manner that is consistent with previous decisions and established legal principles. By looking to past cases for guidance, judges can ensure that their rulings are in line with the principles and values that have been developed over time within the legal system. Precedent helps to provide a sense of predictability and stability in the legal system, as it allows for similar cases to be decided in a similar manner. This consistency is essential for maintaining the rule of law and ensuring that individuals are treated fairly and equally under the law. When judges follow established precedent, they are respecting the decisions of previous courts and upholding the integrity of the legal system. At the same time, precedent also allows for some degree of flexibility and adaptation in the law. While judges are bound by precedent, they also have the ability to distinguish the facts of a case from those of previous cases or to reconsider and overrule existing precedents in certain circumstances. This flexibility enables the law to evolve and respond to changing societal values and circumstances. By following precedent, judges can draw upon the wisdom and experience of past decisions to inform their own judgment. This reliance on precedent helps to ensure that judicial decisions are grounded in legal principles and reasoning, rather than personal biases or arbitrary preferences. In this way, precedent serves as a valuable tool for guiding judicial discretion and promoting consistency and fairness in the legal system.
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