3 ms·
Codification of everything does not lead to more consistent application, since it's impossible to code for every possible scenario, and every decision depends o
by beerandt 7y ago
Codification of everything does not lead to more consistent application, since it's impossible to code for every possible scenario, and every decision depends on the interpretation of the particular jurist reading the code. Which means in a "pure" codified legal framework, stare decisis is not a thing.
The US has certainly leaned more towards codification since it's inception, but it is still primarily and very much a common law jurisdiction at heart.