Precedent shapes legal norms from "summary" of The Common Law Tradition by Karl N. Llewellyn
The common law system is built upon the principle of precedent, which is the idea that decisions made in previous cases should guide the resolution of future cases. This concept plays a vital role in shaping legal norms within a society. When judges apply precedent to their decisions, they are essentially creating a body of law that is based on consistent and predictable reasoning. Through the process of following precedent, legal norms are established and solidified over time. This allows for a sense of stability and continuity in the legal system, as decisions are made in accordance with established principles. By looking to past cases for guidance, judges ensure that the law evolves in a gradual and deliberate manner, rather than through sudden or arbitrary changes. Furthermore, the reliance on precedent helps to promote fairness and equality in the legal system. By treating similar cases in a consistent manner, judges ensure that individuals are not subjected to arbitrary or discriminatory treatment. This consistency helps to build trust in the legal system and ensures that decisions are made based on legal principles rather than personal biases.- The concept of precedent plays a crucial role in shaping legal norms within a society. By following established precedents, judges create a body of law that is consistent, predictable, and fair. This helps to ensure that the legal system operates in a manner that is transparent and just, ultimately contributing to the maintenance of a stable and orderly society.
Similar Posts
Individual interests must align with the common good
In a well-ordered society, the interests of the individual must necessarily align with the common good. This harmony between pe...
Auditor General
The Auditor General is a crucial constitutional office in India, responsible for auditing the accounts of the Government of Ind...
Individuals must take responsibility for their own beliefs
In a democratic society, individuals are called upon to think critically and evaluate their beliefs. They must not simply accep...
Rajya Sabha is the upper house of Parliament, representing the States
The Rajya Sabha is an essential part of the Indian Parliament, serving as the upper house. It plays a crucial role in represent...
Holding individuals accountable promotes accountability
The principle of holding individuals accountable plays a crucial role in promoting accountability within society. When individu...
Provisions ensure protection of rights
The provisions laid down in the Indian Penal Code play a crucial role in safeguarding the rights of individuals within the soci...
The Constitution provides for emergency powers
The Constitution of India grants the President the authority to declare three types of emergencies: national emergency, state e...
Pursuing equal rights
The idea of pursuing equal rights is deeply rooted in the belief that all individuals, regardless of their background or circum...