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Precedent In Past And Present Legal Systems, C. Sumner Lobingier
Precedent In Past And Present Legal Systems, C. Sumner Lobingier
Michigan Law Review
The prevailing notion that stare decisis is peculiar to the Anglican Legal System is quite provincial and far from correct. On the contrary, the principle is inherent in every legal system, at least in its primitive stage; for the earliest form of law is custom, and the "core of custom" is precedent, not necessarily judicial, but something quite as authoritative.