Departure from Precedent

Authors

H W. Humble, University of KansasFollow

Abstract

With the death of the reason for it, every legal doctrine dies.' * * * The fact that the reason for a given rule perished long ago is no just excuse for refusing now to declare the rule itself abrogated, but rather the greater justification for so declaring; and if no, reason ever existed, that fact furnishes additional justification. The doctrine of stare decisis does not preclude a departure from precedent established by a series of decisions clearly erroneous, unless property complications have resulted and a reversal would work a greater injury and injustice than would ensue by following the rule.

Recommended Citation

H W. Humble, Departure from Precedent, 19 Mich. L. Rev. 608 (1921).
Available at: https://repository.law.umich.edu/mlr/vol19/iss6/3