Overturning precedent is like breaking a promise the legal system made.

Evidence

Just as people rely on promises in ordering their affairs, so also do they rely on judicial decisions authoritatively establishing the meaning of the law, and they gauge their behavior accordingly. A departure from precedent, then, is analogous to breaking a promise. “Having induced people to act in a certain manner, the legal system could only be blameworthy if it subsequently sought to punish or in any other way thwart the previously announced consequences of action.” !? Simply put, the legal system should give effect to the expectations that it has itself engendered. — G. Alan Tarr, Judicial Process and Judicial…, 2508

Categorization

  • XREF: The promise analogy connects to Fuller-style rule-of-law theory and to the reliance rationale for contract enforcement.