Legal Question in Business Law in Tennessee

stare decisis

the main problem with stare decisis is its excessive rigidity which prevents the common law from adopting to meet changing social conditions. is this true of false


Asked on 11/08/05, 12:02 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: stare decisis

FALSE. Common law is changed by statutory law; i.e. Plessy v. Ferguson changed by statutory law resulting in Brown v. Board of Education.

Stare decisis give law the stability and surety that's necessary for a dynamic society governed by laws.

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Answered on 11/08/05, 12:20 pm
Charles White Charles G. White

Re: stare decisis

I suspect that you what you really wanted to do was to make a comment of a political nature, rather than to get any useful information. Thus, you deserve no answer to your supposed question.

P.S. I think that you meant to say "adapting" rather than "adopting."

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Answered on 11/08/05, 12:29 pm


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