Are courts like a slot machine, if so why do we use such great expenditure on it?

The definition of a expansion slot automobile for this set about is a machine operated by inserting coins into the machine and by displace overthrow on a long handle a chair would be generated after the correct input has been completed. The chief(prenominal) belief of this slot machine is that the result generated would al flairs be the selfsame(prenominal) provided that the input is the uniform. The concept that the judiciary being equal with this learning of a fixed outcome slot machine impart mean that for all standardized in content which concern the same well-grounded issues the output should at to the lowest degree in theory be the same. First we must sacrifice the reason why we might bet the judicial scheme is fixed like a slot machine, it is argued that similar cases should at least in theory be judged the same as they atomic number 18 based on the same legal reasoning and the legal theory governing the similar cases should be the same and thence lead to the same result, this supports the telephone circuit of fixity in the legal system.

However, similar cases do non continuously necessarily arrive at to be judged the same way for subject there has been a major change in companionable perception in the issues concerned in the case since the preceding case where the ratio decidendi could affect the outcome of the original one, an typeface of this situation might be R v R [1992] 1 AC 599 the marital rape case where the courts have stated that times have changed and that the social circumstance of women was that they were non mere property of men but are equals and thus cases sh ould be able to reflect the changing social ! views and ineluctably to be able to change. There needs to be an divisor of certainty in the judiciary processes to... If you want to derive a full essay, order it on our website: BestEssayCheap.com

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