As famous earlier in this chapter, the English common-legislation custom positioned great emphasis on precedent and what’s known as stare decisis. A court considering one case would feel obliged to determine that case in a way similar to beforehand decided circumstances.
Free Legal Encyclopedia: Autopsy To Bill Of Lading
The social context of legislation was extra essential to legal realists than the formal application of precedent to current or future authorized disputes. Rather than suppose that judges inevitably acted objectively in making use of an present rule to a set of details, legal realists noticed that judges had their very own beliefs, operated in a social context, and would give legal selections primarily based on their beliefs and their very own social context. It is easier to know what the legislation “is” than what the legislation “ought to be.” Equal employment legal guidelines, for instance, have particular statutes, … Read More