Stare decisis principle maintains consistency from "summary" of The Common Law Tradition by Karl N. Llewellyn
The concept of stare decisis principle maintaining consistency in the common law tradition is fundamental to the stability and predictability of the legal system. This principle dictates that once a court has decided on a particular legal issue, that decision should be followed by lower courts in future cases involving similar facts and legal issues. By adhering to stare decisis, the legal system is able to establish a sense of continuity and predictability, ensuring that similar cases are decided in a consistent manner. This consistency is essential for promoting fairness and equality in the application of the law, as it prevents arbitrary and inconsistent decisions from being made. Furthermore, the principle of stare decisis also serves to promote efficiency in the legal system by reducing the need to constantly re-litigate the same legal issues. Rather than starting from scratch in each case, courts can rely on previous decisions to guide their reasoning and analysis, saving time and resources in the process. However, it is important to note that stare decisis is not an absolute rule and can be departed from in certain circumstances. Courts may choose to overrule or distinguish previous decisions if they are found to be outdated, erroneous, or no longer applicable to the current legal landscape. This flexibility allows the law to evolve and adapt to changing societal norms and values.- The concept of stare decisis principle maintaining consistency is essential to the functioning of the common law tradition. It provides a framework for courts to follow, ensuring fairness, predictability, and efficiency in the administration of justice. By balancing the need for consistency with the ability to adapt to new circumstances, the legal system is able to uphold the rule of law while also remaining responsive to the needs of society.
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