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What is the definition of 'doctrine of precedent?'

User Akeila
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Final answer:

The doctrine of precedent, or stare decisis, is a legal principle whereby court decisions set standards for future similar cases, promoting consistency in the legal system. It allows for predictability but also provides flexibility for evolving societal norms and judicial philosophies.

Step-by-step explanation:

The doctrine of precedent, also known as stare decisis, is a legal principle that dictates that the decisions of higher courts set a standard that lower courts are expected to follow in future cases dealing with similar issues. This principle ensures that there is consistency and predictability within the legal system, and helps maintain a stable jurisprudence. Precedents are based on the rationale that similar cases should be decided in a consistent manner and provide a guideline for resolving future disputes. However, courts sometimes deviate from precedent to correct past errors or to adapt to new social understandings, particularly when it comes to issues of human rights, civil rights, and states' rights. The concept is especially crucial in common law systems like that of the United States, where judicial decisions play a significant role in shaping law.

Despite its significance, the application of precedent is not without flexibility. Judges have the discretion to interpret precedent to align with their judicial philosophies and to address new policy choices. Therefore, while precedent provides a framework that judges rely upon, it can be modified under certain circumstances, especially when new judges bring different perspectives to the bench or when societal norms evolve, such as the shift from Plessey v. Ferguson to Brown v. Board of Education.

User Sidi Shah
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