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Any judge in the country based on their own subjective politics can also create a precedent by ruling a certain way, and that single precedent might be used eve
by Almondsetat 1y ago
Any judge in the country based on their own subjective politics can also create a precedent by ruling a certain way, and that single precedent might be used even a hundred years later. So by the same logic, this also should go away since it means any judge anywhere at any time can basically sediment history with their opinion
- williamdclt 1y agoMany people do think this should go away yes. Common law VS statutory law is a constant debate
- Almondsetat 1y agoArguing for or against common law wasn't the point (personally I'm not a fan of it). The point is that the same reasoning calls for the abolition of common law, so GP should take that into consideration
- tzs 1y ago> Any judge in the country based on their own subjective politics can also create a precedent by ruling a certain way, and that single precedent might be used even a hundred years later. District courts do not create precedent. Precedent comes from appellate courts.
- wnoise 1y agoThey do not create binding precedent. They can create so-called persuasive precedent -- something other courts (and the same district in subsequent opinions) can and do cite when they don't disagree.