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Doctrine of precedent: Difference between revisions
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A world-view that underpins everything the common [[lawyer]] holds dear: that, as far as makes any difference, there is nothing new under the sun, and if anything transpires to be, one should keep well clear of it. | A world-view that underpins everything the common [[lawyer]] holds dear: that, as far as makes any difference, there is nothing new under the sun, and if anything transpires to be, one should keep well clear of it. | ||
By common myth, this is how the [[common law]] became the thing of many-faceted beauty we know today. No-one mentions the elephant in the room. In fact, there are four of them, and they’re all standing on a stack of turtles. There can’t ''always'' have been a developed body of case law. What did the judiciary do in the first case?<ref>THEY MADE IT UP</ref> | By common myth, this is how the [[common law]] became the thing of many-faceted beauty we know today. No-one mentions the elephant in the room. In fact, there are four of them, and they’re all standing on a stack of turtles. There can’t ''always'' have been a developed body of case law. What did the judiciary do in the first case?<ref>THEY MADE IT UP.</ref> | ||
Outside the curial chambers of the chancery division, the greatest exponent of the [[doctrine of precedent]] is the [[general counsel]] who, when brought a novel proposition, will immediately ask, “what did we do last time this happened?” | Outside the curial chambers of the chancery division, the greatest exponent of the [[doctrine of precedent]] is the [[general counsel]] who, when brought a novel proposition, will immediately ask, “what did we do last time this happened?” | ||