As noted earlier on this chapter, the English frequent-legislation tradition placed nice emphasis on precedent and what is called stare decisis. A courtroom considering one case would really feel obliged to determine that case in a method just like previously decided cases. Written decisions of crucial cases had been unfold throughout England (the common “realm”), and judges hoped to establish a somewhat predictable, constant group of decisions. Positive regulation is filled with circumstances, treaties, statutes, regulations, and constitutional provisions that can be made into a reason for action. Statutes typically have priority, or take precedence, over case legislation (judicial decisions).
Asking whether the globalization of primarily US-produced legal technology represents a brand new moment in the regulation and growth trajectory, this intervention identifies pointers for important reflection for students thinking about transnational legislation and authorized transplants. A authorized lens on home Law and documentary movie could appear far aside, however … Read More