Judges believe themselves unable to overturn entrenched rules, so the rules persist.
Evidence
“Thus, again and again, the processes of judge-made law bring judges to a stand that they would be glad to abandon if an outlet could be gained. It is too late to retrace their steps. At all events, whether really too late or not, so many judges think it is that the result is the same as if it were. Distinctions may, indeed, supply for a brief instance an avenue of escape. The point is at length reached when their power is exhausted. All the usual devices of competitive analogies have finally been employed without avail. The ugly or antiquated or unjust rule is there. It will not budge unless uprooted.” — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 9
Categorization
- XREF: The ‘many judges think it is too late, so it is’ point connects to institutional constraint and the psychology of precedent — shared thread with legal reasoning material. — connects to: Continuous observation of law in action is needed to trigger reform. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 24; Judges expand or narrow precedent by reasoning analogically, not mechanically. — G. Alan Tarr, Judicial Process and Judicial…, 1278; Respect for precedent keeps courts from reversing failed policies. — G. Alan Tarr, Judicial Process and Judicial…, 1482 (+1 more)
Broader Connections
- Respect for precedent keeps courts from reversing failed policies.
#corroborates(0.90) — G. Alan Tarr, Judicial Process and Judicial…, 1482 - Courts lack legislature’s freedom to set narrow rules without precedent costs
#expands(0.80) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1054 - Judges expand or narrow precedent by reasoning analogically, not mechanically.
#complicates(0.72) — G. Alan Tarr, Judicial Process and Judicial…, 1278