Precedents guide judicial decisions from "summary" of The Common Law Tradition by Karl N. Llewellyn
Precedents play a crucial role in guiding judicial decisions within the common law tradition. When a judge is faced with a case, they often look to past decisions to help them determine how similar cases have been resolved in the past. This practice, known as stare decisis, ensures consistency and predictability in the legal system. By following precedents, judges can uphold the principles of fairness and equality by treating similar cases in a similar manner. This not only helps to maintain stability in the legal system but also allows for the gradual development of legal principles over time. As judges apply precedents to new cases, they contribute to the evolution of the law in response to changing societal norms and values. Precedents provide a framework for judges to analyze the facts of a case and apply relevant legal principles. However, it is importan...
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