Respect for precedent keeps courts from reversing failed policies.

Evidence

A further problem plagues judicial efforts to ensure that their policies have the desired effect. Because the American legal system emphasizes adherence to precedent, courts are generally reluctant to overrule earlier decisions, particularly recent ones. Thus, courts cannot readily change course when confronted with evidence that their policy directives have failed to achieve their desired results. — G. Alan Tarr, Judicial Process and Judicial…, 1482

Categorization

  • XREF: connects to: Judicial discretion, though freedom-like, remains disciplined by tradition, analogy, and system. — G. Alan Tarr, Judicial Process and Judicial…, 1295; Policies persist even when their original justifications change — John T. Jost and Jim Sidanius, Political Psychology, 2585; Legal rules resting only on past authority deserve condemnation when their rationale has lapsed — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1067 (+12 more)

Broader Connections