LAWS 1000 Lecture Notes - Lecture 10: Legal Culture, Inquisitorial System, Stanley Fish
Document Summary
Morton"s two main functions: the same law, produce continuity. Idea of precedent is to create stability, create a common law, everyone is working around. Guarantees the rule of law and the not the rule of men existing rules to resolve disputes/reality of policy-making. Morton-the authority of judges derives from the perception that they are merely applying pre- You can judge in past cases how the court will act in future cases. Says that precedents don"t automatically change the law, it"s a series of past cases that has. Precedents cause the law and the courts to move in a different direction, they don"t just move. 2 limitations: an in uence on the law it to that direction through one case: multiple reasons, multiple judges. Must carve itself out from morality and interpretation. Says lets look at what law is and how it actually works. Law wishes to have a formal existence (not dependant/superiority)
