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Law (LLB) Lecture Notes

system+of+law+based+on+precedent+and+customsWithin the history of humanity there are solely two great systems of legislation, the civil law of historical Rome and the widespread law of England. A principal difference between frequent legislation and civil jurisprudence is the function of the judiciary in shaping the content of law. Once carried out, the rule of precedent served as an adequate substitute for codification, in order that England was in a position to withstand the advance of Roman jurisprudence that overtook the continent within the twelfth and thirteenth centuries.

First, common law courts aren’t absolutely sure by precedent, however can (when extraordinarily good motive is proven) reinterpret and revise the law, with out legislative intervention, to adapt to new tendencies in political, legal and social philosophy. Tremendous-stare decisis is a term used for important precedent that’s resistant or immune from being overturned, without regard as to if correctly determined within the first place.

Within the circumstances of first impression, in the matters of interpretation, or in filling up any lacuna in the regulation made by legislation the judges, to some extent, depend on their conscience and in doing so, they adapt the regulation to the changed situations. Nonetheless, the Courtroom of Chancery effectively competed with the widespread legislation courts, as plaintiffs who couldn’t get satisfaction in widespread legislation courts more and more turned to Chancery.

The doctrine fails to adequately incorporate the creation of new customary legislation or the deletion of obsolete customary law. Precedent that is not necessary however which is helpful or relevant is named persuasive precedent (or persuasive authority or advisory precedent). His judges would resolve disputes on an advert hoc basis in response to what they interpreted the customs to be. The king’s judges would then return to London and infrequently discuss their circumstances and the selections they made with the opposite judges.

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