Deductive reasoning explains legal stability but not legal change.
Evidence
Finally, the deductive model portrays the law as static, with judges consistently applying existing legal standards. In actuality, however, judicial decisions may change the law by overruling precedents or announcing new legal standards. The deductive model may explain legal stability, but it cannot account for a change in the law by legal change. It cannot explain why judges depart from precedent, or when they should do so. — G. Alan Tarr, Judicial Process and Judicial…, 2520
Categorization
- QUESTION: The passage raises but does not answer when judges should depart from precedent — worth chasing into the stare decisis discussion.
- XREF: connects to: The common law is a method of reasoning rather than a fixed rule body — G. Alan Tarr, Judicial Process and Judicial…, 137