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Doctrine of precedent: Difference between revisions
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There is a persistent strain of [[inhouse lawyer]] whose [[behavioural economics|behavioural]] response to any new idea is, “but what is wrong with how we have done it until now?” | There is a persistent strain of [[inhouse lawyer]] whose [[behavioural economics|behavioural]] response to any new idea is, “but what is wrong with how we have done it until now?” | ||
Thus we find old saws, aphorisms, catechisms; refrains; [[Heuristic|rules of thumb]] by which young [[Mediocre lawyer|attorneys]] can ply their trade and pass each other’s time: “... in the absence of such party’s [[Negligence, fraud or wilful default|gross negligence, fraud or wilful default]]”; in Party A’s “[[sole and absolute discretion]]” | Thus we find old saws, aphorisms, catechisms; refrains; [[Heuristic|rules of thumb]] by which young [[Mediocre lawyer|attorneys]] can ply their trade and pass each other’s time: “... in the absence of such party’s [[Negligence, fraud or wilful default|gross negligence, fraud or wilful default]]”; in Party A’s “[[sole and absolute discretion]]”; “[[notwithstanding anything to the contrary in the foregoing contained]]” — these will work in any circumstance, will gladden one’s heart and make it clear to all nearby that ''you'', young man, ''have made a difference''. | ||
====A golden thread running though the web of [[English law]]==== | ====A golden thread running though the web of [[English law]]==== | ||