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It also leads to greater predictability. >The reliance on judicial opinion is a strength of common law systems, and is a significant contributor to the robust
by jquery 5y ago
It also leads to greater predictability.
>The reliance on judicial opinion is a strength of common law systems, and is a significant contributor to the robust commercial systems in the United Kingdom and United States. Because there is reasonably precise guidance on almost every issue, parties (especially commercial parties) can predict whether a proposed course of action is likely to be lawful or unlawful, and have some assurance of consistency.[76] As Justice Brandeis famously expressed it, "in most matters it is more important that the applicable rule of law be settled than that it be settled right."[77] This ability to predict gives more freedom to come close to the boundaries of the law.[78] For example, many commercial contracts are more economically efficient, and create greater wealth, because the parties know ahead of time that the proposed arrangement, though perhaps close to the line, is almost certainly legal. Newspapers, taxpayer-funded entities with some religious affiliation, and political parties can obtain fairly clear guidance on the boundaries within which their freedom of expression rights apply.
>In contrast, in jurisdictions with very weak respect for precedent,[79] fine questions of law are redetermined anew each time they arise, making consistency and prediction more difficult, and procedures far more protracted than necessary because parties cannot rely on written statements of law as reliable guides.[76] In jurisdictions that do not have a strong allegiance to a large body of precedent, parties have less a priori guidance (unless the written law is very clear and kept updated) and must often leave a bigger "safety margin" of unexploited opportunities, and final determinations are reached only after far larger expenditures on legal fees by the parties.
https://en.wikipedia.org/wiki/Common_law https://en.wikipedia.org/wiki/Common_law
- fuoqi 5y ago>procedures far more protracted than necessary because parties cannot rely on written statements of law as reliable guides I would say it's a problem with laws, not the system itself. Also the continental system does not imply that precedents do not have any force. The difference is that when a law changes the system accumulates new precedents for it instead of using outdated ones.