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Advantages and Disadvantages 1

The document outlines some advantages and disadvantages of common law. The advantages are that common law is flexible and can evolve over time to address new situations, respond to unforeseen cases, have shorter and more efficient court proceedings, and adapt quickly to changing social factors. Additionally, each case is treated individually based on its specific facts and prior precedents. The disadvantages are that common law is less democratic than statutory law as judges are not elected, judicial discretion can lead to inconsistent decisions, bad precedents must still be followed, some decisions lack transparency, and more research is required due to the large volume of case law.

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DHIROJ BASNET
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11 views4 pages

Advantages and Disadvantages 1

The document outlines some advantages and disadvantages of common law. The advantages are that common law is flexible and can evolve over time to address new situations, respond to unforeseen cases, have shorter and more efficient court proceedings, and adapt quickly to changing social factors. Additionally, each case is treated individually based on its specific facts and prior precedents. The disadvantages are that common law is less democratic than statutory law as judges are not elected, judicial discretion can lead to inconsistent decisions, bad precedents must still be followed, some decisions lack transparency, and more research is required due to the large volume of case law.

Uploaded by

DHIROJ BASNET
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Advantages

 Flexibility
It is based on judicial decisions and evolves
incrementally over time, allowing for the law to
respond to new situations and needs.
 Unforeseen Cases

Common law can respond to cases, facts, and situations


that were not anticipated or foreseen by legislators just
like on the point about specifics.
 Efficiency
In Common legal systems, court proceedings can be
much shorter, thereby saving everyone time and
money.
 Adaptability

Common law frequently reacts and responds quickly to


community expectations, shifting social ideals, and
other factors.
 Case-by-Case Analysis

Each case is treated individually, and decisions are


based on the specific facts and circumstances
presented, with consideration given to how similar
cases were previously decided.
Disadvantages
 Undemocratic
Judges are not elected by the people unlike the people
of parliament who are elected by the people and for the
people.
 Judicial Discretion

Can result in inconsistent decisions and potentially


arbitrary outcomes.
 Following Bad Precedents

If a judge does make a bad ruling, it still becomes


precedent.
 Limited Transparency
Sometime decisions, lack transparency or making it
challenging for individuals to understand the reasoning
behind a particular judgment.
 Requiring more research

Due to the mass of material to be digested, there is a


tendency to overlook the authorities.

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