Judicial Precedent in Jurisprudence

Authors

  • Sanya Kapoor

Keywords:

judicial precedent, Jurisprudence, law of judiciary, laws made by the judge, precedents

Abstract

There are various sources of law but the judicial precedent is considered to be the primary source of
law. In the jurisprudence, the precedent has been defined by 3 major philosophers:
1. Salmond: He stated that precedent are the reported case laws which may be cited or followed by
the courts or a type of the case law which has a great binding authority and has to be followed.
2. Austin: According to him, it is a law of judiciary.
3. Bentham: He stated that precedents are the laws made by the judge.

References

Jurisprudence (The Legal Theory) By B.N Mani Tripathi

Jurisprudence (The Legal Theory) By B.N Mani Tripathi https://www.legalserviceindia.com/legal/article-3557-precedents-as-a-source-of-law.html

https://www.legalserviceindia.com/legal/article-3557-precedents-as-a-source-of-law.html Jurisprudence (The Legal Theory) By B.N Mani Tripathi

Jurisprudence (The Legal Theory) By B.N Mani Tripathi https://www.legalserviceindia.com/legal/article-3557-precedents-as-a-source-of-law.html

Jurisprudence (The Legal Theory) By B.N Mani Tripathi

Published

2023-04-06

How to Cite

Kapoor, S. . (2023). Judicial Precedent in Jurisprudence. Journal of Constitutional Law and Jurisprudence, 6(1), 91–94. Retrieved from https://lawjournals.celnet.in/index.php/Jolj/article/view/1245

Issue

Section

Federalism and Constitutional Issues

Categories