Judges deciding on personal notions of right create incalculable future mischief through precedent

Evidence

The importance of bbserving the spirit of this rule cannot be overestimated, for, while justice in a given case may be worked out by a decision of the court according to the notions of right which govern the individual judge or body of judges comprising the court, the mischief which will finally result may be almost incalculable under our system which makes a decision in one case a prededent for decisions in all future cases which are akin to it in the essential facts. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1061

Categorization

• XREF: connects to: Courts lack legislature’s freedom to set narrow rules without precedent costs — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1054; Benevolent rulers’ precedents endanger liberty when successors claim them as rights — John Locke, Second Treatise of Government, 203; Judicial decisions blend clear-law obedience with attitude-driven choice in ambiguous cases — G. Alan Tarr, Judicial Process and Judicial…, 1365

Broader Connections

• Benevolent rulers’ precedents endanger liberty when successors claim them as rights #corroborates (0.85) — John Locke, Second Treatise of Government, 203
• Judicial decisions blend clear-law obedience with attitude-driven choice in ambiguous cases #expands (0.72) — G. Alan Tarr, Judicial Process and Judicial…, 1365