Volume – 03, Issue – 01, Page : 01-

Role of Judicial Precedent, Stare Decisis, Global Jurisprudence and Contemporary Dynamics in Shaping Common Laws

Author/s

Supriya Kamte

Digital Object Identifier (DOI)

10.56106/lss.2023.004

Date of Publication

28 April 2023

Abstract :
This paper explores the multifaceted landscape of common laws, exploring its historical foundations, fundamental principles, and contemporary manifestations across various jurisdictions. As a legal tradition synonymous with judicial precedent, judge-made law, and case law, the common law unfolds as a dynamic body of legal principles shaped by the meticulous synthesis of past decisions. The core characteristic of stare decisis, anchoring the common law, imparts consistency and predictability to legal outcomes, fostering a jurisprudential continuum. Commencing with an exploration of the historical roots of the common law, the paper traces its evolution from medieval England, where customary practices coalesced into a shared body of law known as the “common law.” This journey is marked by a gradual amalgamation of local customs, royal decrees, and itinerant judges’ decisions, leading to the emergence of a unified legal framework. The research then navigates the intricate relationship between the common law and civil law, spotlighting their divergent approaches to legal reasoning, sources of law, and judicial procedures. Emphasizing the living nature of the common law, the paper delves into the continual process of research and analysis undertaken in common law jurisdictions to ascertain legal principles in specific situations. This involves a meticulous examination of facts, statutes, and past decisions, underscoring the dynamic interplay between practitioners and the judiciary in shaping legal doctrines. The fusion of law and equity, a hallmark of the common law tradition, is explored, highlighting its transformative impact on legal procedures and remedies. The research extends its gaze beyond domestic boundaries, acknowledging the global influence of the common law on legal systems such as Roman-Dutch law and Scots law. Through comparative analysis, the paper enriches the understanding of legal pluralism and adaptability of common law to diverse legal traditions.

Keywords :
Case Law, Common Law, Comparative Law, Equity and Law, Judicial Precedent, Legal Pluralism, Legal Reasoning, Legal Systems, Legal Tradition, Stare Decisis.

References :

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