83,357
edits
Amwelladmin (talk | contribs) No edit summary |
Amwelladmin (talk | contribs) |
||
Line 9: | Line 9: | ||
By common myth, this is how the [[common law]] became the thing of many-faceted beauty we know today. No-one mentions the [[Elephants and turtles|elephant]] in the room, never mind the fact that there are ''four'' of them, and all perched atop of a [[stack of turtles]]. You see, there can’t ''always'' have been a developed body of [[case law]]: at some point in its life, every maxim; every [[golden thread|golden stream]] running through its [[sunlit uplands]]; every famously articulated principle of [[common law]] — the whole edifice was buried deep in a great marble block, and those qualified to opine on it could do no more than walk around it, with a chisel, scratching their chins. | By common myth, this is how the [[common law]] became the thing of many-faceted beauty we know today. No-one mentions the [[Elephants and turtles|elephant]] in the room, never mind the fact that there are ''four'' of them, and all perched atop of a [[stack of turtles]]. You see, there can’t ''always'' have been a developed body of [[case law]]: at some point in its life, every maxim; every [[golden thread|golden stream]] running through its [[sunlit uplands]]; every famously articulated principle of [[common law]] — the whole edifice was buried deep in a great marble block, and those qualified to opine on it could do no more than walk around it, with a chisel, scratching their chins. | ||
For what precedent did the judiciary cite as authority for the very first case?<ref>THEY MADE IT UP.</ref> ''(“You're very clever, young man, very clever,” said the old lady, “but it’s precedent all the way down.”)'' | For what precedent did the judiciary cite as authority for the very first case?<ref>THEY MADE IT UP.</ref> '' (“You're very clever, young man, very clever,” said the old lady, “but it’s precedent all the way down.”)'' | ||
Outside the great curial chambers of the [[Chancery Division]], the greatest exponent of the [[doctrine of precedent]] is the [[general counsel]]. | Outside the great curial chambers of the [[Chancery Division]], the greatest exponent of the [[doctrine of precedent]] is the [[general counsel]]. | ||
When brought a novel conundrum the GC will immediately ask, “what have we done before?” If comes the | |||
When brought a novel conundrum the [[GC]] will immediately ask, “what have we done before?” If comes back the reply, “we’ve never had this problem before, boss”, expect quick diffusion of responsibility through deployment of an [[circle of escalation|escalation circle]]: none is defter. Indeed, if you're talking to the [[GC]] already, chances are the wheel has already half-way turned. Watch out for when it smacks you on the backside. | |||
====On whether there is anything new under the sun==== | ====On whether there is anything new under the sun==== |