3 ms·

It matters in an advisory sense (that is, other courts may use it to gain understanding), but not in a legally binding sense.

• eru 3y ago
  In practice, precedence has about the same legal power in both common law and civil law jurisdictions. That is civil law courts tend to go with the precedent most of the time on the one hand. And on the other hand, a common law judge can always do a bit of nitpicking to argue why the case before her is special and thus different enough from the precedent (or she can pick from multiple different precedents, and then come up with a justification for why the one she picked matches the case before her the most).
  • timeon 3y ago
    > a common law judge can always do a bit of nitpicking This makes sense. Precedents ruled by mistake/etc. should not set the law.
    • eru 3y ago
      Well, that's why you have appeals and higher courts can overrule the precedence of the lower courts.
• rtsil 3y ago
  Some, but not all, precedents are absolutely legally binding in the French system, they have the same force as the law (unless a later law contradicts them).