Question

What are the arguments for and against the doctrine of precedent in a legal system? What position do you side with and why?

Answer 1

Doctrine of precedent

The doctrine of Precedent refers to the concept that the court is to follow judicial decisionspronounced in previous cases, when faced with the same factual carve-out, questions in subsequent matters.

ADVANTAGES FOR

1. Easy to understand current case by its old case

2. Minimizing the time

3. These cases help to law students

4. Remembering the existing cases

5. Reduce the extra cost

6. Easy decision and judgement

7. Fast judgement

DISADVANTAGE

1. Its a totally copy and paste of existing cases

2. No effective decision

3. It's a inflexible in nature

4. precedent can only operate if a case is brought before the courts.

5. All cases are not same or similar

I ​​​​position in favour of against of doctrine of precedent,

because 1. All cases not came similar , each case need different persuasive

2. No more trust in judgement by people

3. Mortality no needed when apply doctrine of precedent

so I favor against the doctrine of precedent.