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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 [[mediocre lawyer|punctilious attorney]] 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. | ||
There is a persistent strain of [[inhouse lawyer]] — from the [[GC]] down — whose [[behaviourism|behavioural]] response to any new idea is, “but what is wrong with how we have done it until now?” There are catechisms; refrains; rules of thumb by which young [[Mediocre lawyer|attorneys]] can ply their trade and pass other’s time: “... in the absence of such party’s [[Negligence, fraud or wilful default|gross negligence, fraud or willful default]]”; in Party A’s “[[sole and absolute discretion]]” which will work in any circumstance, will gladden one’s heart and let it be clear that your young man has made a difference. | |||
====A golden thread running though the web of English law==== | ====A golden thread running though the web of English law==== | ||