The role of precedent in the system of sources of law
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Keywords

civil law, common law, precedent de facto, ratio decidendi, jurisprudence constante

Abstract

The purpose of the article is to explore and compare the role of judicial precedents in
the system of sources of law in the common law and civil law cultures. The technical
and functional features of a precedent are evaluated, as well as its de jure and de facto influence,
with the definition of the relevant factors that have impact on and drive the dynamics of the
development of the judicial system. The notions of the precedent value and legal importance
are explored and applied for evaluation and classification of the role that a particular judicial
decision may play. As a result of the analysis, it is concluded that the variety of determinants,
that must be considered in order to evaluate the scope of influence of a judicial decision, is
extremely broad and context–dependent. In conclusion, instead of conventional methods of
analysis that are accepted in the common law and civil law systems, there is a demand for a
principally new system of classification that must be subject to further research and ideological
development of legal innovations.

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