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It must be noted, nevertheless, that such a rationale does not essentially assist as sturdy a doctrine of precedent as that found in many Common Law jurisdictions. The concern for predictability must be weighed against the moral desirability of the regulation in query. The preceding arguments for precedent presuppose that call-makers can appropriately confirm the deserves of the cases earlier than them, but regulation of course operates underneath non-ideal circumstances the place decision-makers make mistakes and disagree amongst themselves about the deserves of instances. In practice, the end result of a case could also be unsure not just because the proper result’s rationally indeterminate, but as a result …

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