The Gradual Evolution of Court-Made Law- Why It Tends to Develop at a Slow Pace
Why does court-made law generally evolve slowly?
Court-made law, also known as common law, is a body of legal principles and rules that are developed by judges through their decisions in individual cases. This legal system is distinct from legislation, which is created by the legislative branch of government. Despite its flexibility and adaptability, court-made law tends to evolve slowly over time. This slow evolution can be attributed to several factors, which will be discussed in this article.
One of the primary reasons for the slow evolution of court-made law is the principle of stare decisis, which is Latin for “to stand by things decided.” This legal doctrine requires judges to follow the precedents set by previous decisions, unless there is a compelling reason to deviate from them. By adhering to this principle, courts aim to maintain consistency and predictability in the law, ensuring that similar cases are treated uniformly. This adherence to precedent can lead to a gradual, rather than rapid, evolution of the law.
Another factor contributing to the slow evolution of court-made law is the complexity of legal issues. Many legal questions are multifaceted and require a nuanced understanding of the law and its implications. As a result, judges often take time to carefully analyze the facts and legal principles involved in a case before reaching a decision. This process of thorough examination and consideration can result in a delayed development of legal principles.
Furthermore, the hierarchical structure of the judiciary can also contribute to the slow evolution of court-made law. Decisions made by lower courts are subject to review by higher courts, which may overturn or modify those decisions. This appellate process can create a bottleneck, as it takes time for cases to reach higher courts and for the appellate courts to issue their decisions. Consequently, the slow pace of appellate review can impede the swift evolution of the law.
Additionally, the legal profession itself may play a role in the slow evolution of court-made law. Lawyers and judges are trained to be cautious and methodical in their approach to legal issues. They are taught to rely on precedent and to carefully analyze the law before making decisions. This conservative approach can contribute to the gradual development of the law, as legal professionals are hesitant to deviate from established principles without a strong justification.
In conclusion, the slow evolution of court-made law can be attributed to the principle of stare decisis, the complexity of legal issues, the hierarchical structure of the judiciary, and the conservative nature of the legal profession. While this slow pace may seem inefficient to some, it serves to maintain consistency and predictability in the law, which is essential for the proper functioning of the legal system.
