Precedents

Precedent refers to a decision, ruling, or example established in the past that informs subsequent judgments or actions. In legal contexts, precedents provide a reference point for interpreting laws, applying doctrines, and predicting outcomes. In broader usage, a precedent can be any earlier case, practice, or standard that is treated as an authority for future decisions.

In common law systems, the doctrine of stare decisis binds courts to follow precedents set by higher courts for similar disputes. The binding component is called the ratio decidendi, the legal principle essential to the decision; other remarks known as obiter dicta are usually non-binding. Precedents can be binding on subsequent cases in the same jurisdiction, though courts may distinguish the present case from the prior one, or overrule a precedent when higher courts or constitutional changes occur. Civil law systems place less emphasis on precedents, treating them as persuasive rather than binding, though older decisions can influence interpretation and codification.

International and comparative practice also relies on precedents, such as judgments of international tribunals or national courts, to guide interpretation of treaties and customary law, though there is no single global authority creating binding precedents for all jurisdictions. Precedents support consistency, efficiency, and predictability, but can slow reform or entrench outdated approaches. Legal communities periodically revisit and refine precedents through appellate decisions, legislative updates, or shifts in constitutional doctrine. Outside law, precedents shape policy, organizational behavior, and social norms by establishing expected standards of conduct.