View Single Post
Old 01-14-2018, 06:23 PM   #77
darryl
Wizard
darryl ought to be getting tired of karma fortunes by now.darryl ought to be getting tired of karma fortunes by now.darryl ought to be getting tired of karma fortunes by now.darryl ought to be getting tired of karma fortunes by now.darryl ought to be getting tired of karma fortunes by now.darryl ought to be getting tired of karma fortunes by now.darryl ought to be getting tired of karma fortunes by now.darryl ought to be getting tired of karma fortunes by now.darryl ought to be getting tired of karma fortunes by now.darryl ought to be getting tired of karma fortunes by now.darryl ought to be getting tired of karma fortunes by now.
 
darryl's Avatar
 
Posts: 3,108
Karma: 60231510
Join Date: Nov 2011
Location: Australia
Device: Kobo Aura H2O, Kindle Oasis, Huwei Ascend Mate 7
@pwalker8. I use the term in a less rigorous sense than the logical fallacy of argument from authority, as should be obvious from my post. You are appealing to the authority of your sister as a qualified lawyer implying she agrees with your mangled understanding of precedent.

As for myself, I had the pleasure of practising law and also teaching it at a university. Not of course in the US, though I suspect you will find few lawyers in common law countries who agree with your view of the essential worthlessness of the doctrine of precedent because of its inconsistency. It is of course not perfect, but tends to err more on the side of rigidity. You may like to do some reading about the development of the law of equity.
darryl is offline   Reply With Quote