The Legal And Ethical Environment Of Business – Essay Example
The paper "The Legal And Ethical Environment Of Business" is an outstanding example of a law essay.
The doctrine of Stare Decisis is a principle in law by which a panel of judges is compelled to respect the precedent recognized by previous judgments. Thus “Stare Decisis” is Latin and plainly translates as “standing by decided matters.” Stare Decisis is itself a short form of Latin “stare decisis et non quieta movere” which means “to adhere to decisions and should not disturb the undisturbed.”This legally is interpreted to mean that judges should normally stick by precedents and shouldn’t interfere with matters that are settled (Roger, 2014).
This principle exists so as to ensure that the law will not erratically change but instead develop in intelligible and principled fashion. A broad review of the principle of Stare Decisis and its fundamental rules can assist the sitting jury and practicing lawyers have a simpler time of analyzing case law, comprehending it better; and essentially enjoying it more (Joseph, William, 2011).
In the case of wrong legal doctrine, there should be an analysis of the same and objective legal debates so as to arrive at correct legal doctrine. For instance the Illinois Perspective, the Illinois Supreme Court knows that the principle of Stare Decisis is not an “unalterable command.”The Court recognized that there is the existence of good cause to depart from Stare Decisis especially when the governing rulings are badly reasoned or unworkable. There are several other exceptions to the principle of Stare Decisis and for instance, the concept will not hold if it can be proved to cause serious damage of injustice to the public interest (Joseph, William, 2011).