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{{g}}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. | {{a|g| | ||
[[File:Rearview mirror.jpg|450px|thumb|center|Reversing into the future, yesterday]] | |||
}}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. | |||
''[[Stare decisis]]'': literally, “that which has been decided shall stand”. | ''[[Stare decisis]]'': literally, “that which has been decided shall stand”. | ||
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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]]”; “[[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 | 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 attorney, ''have made a difference''. | ||
====A golden thread running though the web of [[English law]]==== | ====A golden thread running though the web of [[English law]]==== | ||
By common foundational myth, this is how the [[common law]] became the many-faceted thing of 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 | By common foundational myth, this is how the [[common law]] became the many-faceted thing of 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 must, once, have been 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> '' ( | 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 back the reply, “we’ve never had this problem before, boss”, expect quick diffusion of responsibility through an [[circle of escalation|escalation circle]]: at this chicanery there is no is defter exponent. You don’t get to be GC by rolling the dice on your own backside. 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. | ||
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 | |||
====On whether there is anything new under the sun==== | ====On whether there is anything new under the sun==== |