Authority Quote by Richard A. Posner
““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.””
About This Quote
Source Article: Legal Theory, 2015
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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