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But the fact that judges follow precedent regularly even…

“But the fact that judges follow precedent regularly even though not invariably does not support the legalistic theory as strongly as one might expect. The original precedent in a line of precedents could not have been based on precedent.” quote by Richard A. Posner
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““But the fact that judges follow precedent regularly even though not invariably does not support the legalistic theory as strongly as one might expect. The original precedent in a line of precedents could not have been based on precedent.””

Richard A. Posner

About This Quote

This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.

Legal precedent is often applied inconsistently, challenging the notion that law is purely systematic.

In simple terms: Law isn’t always consistent.

Key Takeaway

Question assumptions about legal consistency.

Themes

law precedent logic

Mood

critical analytical

Type

philosophical inquisitive

When to use this quote

  • court rulings
  • policy drafting
  • academic debate
  • legislative review

Key Concepts

jurisprudence interpretation systemic theory

Questions to Reflect On

  • How does inconsistency affect public trust?
  • Can law be both flexible and predictable?
A Different Perspective

Precedent may be ignored for political reasons.

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