How does the doctrine of precedent facilitate the necessary balance between the need for the law to be certain but also to have the ability to develop?
Precedent says that the laws that were applied in previous cases to similar facts are the way they should be applied in the future. Thus, the laws are only so clear and have to be taken apart to fit a certain set of facts. Common law allows us to modify these laws in order to fit facts they otherwise would not be able to fit clearly. This system in ...
This solution discusses a precedent in the law.