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.
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