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Stare decisis is the legal principle which binds courts to follow precedent, retrace the footsteps of other judges' decisions. As someone previously condemned to an Orthodox Jewish education, where I gritted my teeth at the idea that medieval rabbis would always be wiser than modern rabbis, I completely missed the rationale for stare decisis. I thought it was about respect for the past. But shouldn't we presume that, in the presence of science, judges closer to the future will know more—have new facts at their fingertips—which enable them to make better decisions? Imagine if engineers respected the decisions of past engineers, not as a source of good suggestions, but as a binding precedent!—That was my original reaction. The standard rationale behind stare decisis came as a shock of revelation to me; it considerably increased my respect for the whole legal system.
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Stare decisis is the legal principle which binds courts to follow precedent, retrace the footsteps of other judges' decisions. As someone previously condemned to an Orthodox Jewish education, where I gritted my teeth at the idea that medieval rabbis would always be wiser than modern rabbis, I completely missed the rationale for stare decisis. I thought it was about respect for the past. But shouldn't we presume that, in the presence of science, judges closer to the future will know more—have new facts at their fingertips—which enable them to make better decisions? Imagine if engineers respected the decisions of past engineers, not as a source of good suggestions, but as a binding precedent!—That was my original reaction. The standard rationale behind stare decisis came as a shock of revelation to me; it considerably increased my respect for the whole legal system.
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Stare decisis is the legal principle which binds courts to follow precedent, retrace the footsteps of other judges' decisions. As someone previously condemned to an Orthodox Jewish education, where I gritted my teeth at the idea that medieval rabbis would always be wiser than modern rabbis, I completely missed the rationale for stare decisis. I thought it was about respect for the past. But shouldn't we presume that, in the presence of science, judges closer to the future will know more—have new facts at their fingertips—which enable them to make better decisions? Imagine if engineers respected the decisions of past engineers, not as a source of good suggestions, but as a binding precedent!—That was my original reaction. The standard rationale behind stare decisis came as a shock of revelation to me; it considerably increased my respect for the whole legal system.
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- og:descriptionStare decisis is the legal principle which binds courts to follow precedent, retrace the footsteps of other judges' decisions. As someone previously condemned to an Orthodox Jewish education, where I gritted my teeth at the idea that medieval rabbis would always be wiser than modern rabbis, I completely missed the rationale for stare decisis. I thought it was about respect for the past. But shouldn't we presume that, in the presence of science, judges closer to the future will know more—have new facts at their fingertips—which enable them to make better decisions? Imagine if engineers respected the decisions of past engineers, not as a source of good suggestions, but as a binding precedent!—That was my original reaction. The standard rationale behind stare decisis came as a shock of revelation to me; it considerably increased my respect for the whole legal system.
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346- http://books.google.com/books?id=inmTyPPdR5oC&pg=RA1-PA123&lpg=RA1-PA123&dq=%22caretaking+organisms%22&source=bl&ots=JynSbtNF4H&sig=k-2NzLYV3jwoB8bNF8JM2HdNB2Q&hl=en&sa=X&oi=book_result&resnum=2&ct=result#PRA1-PA123,M1
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