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NeCede's

Maxim 8.10.16

Precedents have as much law as justice.

Source: Bouv. 149; Weisman, 88b Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Precedents are only as authoritative as the justice underlying them — a precedent that embodies injustice has no more binding force than the flawed reasoning that produced it.

Where this applies

  • A lawyer cites a precedent from 1850 that allowed racial discrimination, and the court notes that the precedent has only as much authority as the justice behind it — which in this case is none.
  • A judge declines to follow a prior ruling that produced an unjust result, reasoning that a precedent rooted in injustice carries no real legal force.
  • An appellate court overrules its own prior decision after recognizing that the old ruling was based on flawed reasoning and led to unfair outcomes.

Legal domains

Cite this maxim

NeCede Max. 8.10.16 — Precedents have as much law as justice. — Bouv. 149; Weisman, 88b

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