LAWS 1000 Lecture Notes - Lecture 9: Drug Court, Stanley Fish, Ratio Decidendi
Document Summary
Justice like wrongs deserve like remedies . Draw on past decisions so it gives the law an act of solidarity. Most judges just apply past decisions - following what other people have done. Morton - reasoning by example / balance innovation and continuity. The authority of judges derives from the perception that they are merely applying pre-existing rules to resolve disputes/ reality of policy-making. Stand by what has been decided (v&n)/ like cases treated alike (morton) Continuity and certainty (prerequisites for civilized society) Guarantees rule of law, not rule of men (link to dicey) The law applies to everyone equally regardless of status. Split questions of fact and questions of law (atiyah) What actually happened in a case - jury. Binds courts to decide a certain way. The higher courts have much more of a weight. Higher courts bind lower courts & highest court no longer bound by its own decisions.
