THE LEGAL FORCE OF PRECEDENT IN FAMILIES OF LAW. LANDMARKS OF LEGAL TRADITION
THE LEGAL FORCE OF PRECEDENT IN FAMILIES OF LAW. LANDMARKS OF LEGAL TRADITION

Summary/Abstract: The concepts of precedent and stare decisis form the cornerstone of legal systems across the globe, ensuring consistency and predictability in judicial decision-making, principles guide courts in their rulings, shaping the interpretation and application of laws throughout in time. In its entirety, the issue raised throughout study is an invitation to reflection. All that the present analysis intended to accomplish was bringing together the arguments that constructed, historically and as belonging to one or another law system, the manner in which the role of source of law of the jurisprudence was going to be perceived. The primary reason for this approach was that of discovering how important its reconsideration is today in the Romano-Germanic law systems, knowing that the quasi-major orientation of the doctrine was going to be that of placing the jurisprudence in a constant rapport of subordination to the law. Such a redimensioning of the problem justifies its present interest also by taking into account the new European configuration, the Romanian law system being asked to respond to the new requirements imposed by the interaction of the two juridical traditions, Romano-Germanic and the common-law, that define the European juridical environment.

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