When thought of in relation to its origin, it is statute legislation or frequent law. When examined as to its totally different methods it is divided into civil regulation, common law, canon legislation.
If later courts weren’t sure to comply with erroneous choices, then they might only be ‘sure’ by earlier, appropriate judgments. But an earlier correct judgment merely reaches the conclusion that the law already supported when it was delivered. The flaw in this argument lies within the assumption that in every case there should be a single legally appropriate consequence, with different outcomes being mistaken.
When considered as to their duration, laws are immutable and arbitrary or constructive; when as their impact, they are potential and retrospective. In its most basic and complete sense, law signifies a rule of motion; and this term is applied indiscriminately to all kinds of action; whether or not animate or inanimate, rational or irrational. In its more confined sense, law denotes the rule, not of actions normally, but of human motion or conduct. In the civil code of Louisiana, artwork. 1, it’s outlined to be “a solemn expression of the legislative will.” Vide Toull.
The Common Law, then, may need restricted its doctrine of stare decisis by holding that later courts weren’t sure by earlier selections that had been wrongly determined. Instead it developed a different practice—that of ‘overruling’, whereby some courts got a limited energy to deprive earlier decisions of their binding status on the premise that they had …