Disadvantages of stare decisis , Business Law and Ethics

Disadvantages of Stare Decisis

Over-subtlety or Artificiality

However a judge is forced, but it were follow an earlier case that, his conscience may preclude him from following, he might be inclined for 'distinguish' the present case from the earlier case.  Thus this artificial 'distinguishing' sometimes creates artificial differences that make case law over-subtle for such.

Bulk and Complexity

Conversely so many cases are being decided everyday through courts all over the country, case law has become bulky and complex and it is suspicious if judges would really know whether a relevant earlier case had been decided to sure about, say some ten years ago.

Piece-meal

Hence rules of law are made in complete bits and pieces.

Posted Date: 1/21/2013 5:42:35 AM | Location : United States







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