Doctrine of Stare Decisis

Authors

Edward B. Whitney

Abstract

I am requested to present a paper whose theme is suggested by the Present Problems of Private Law, as distinguished from law that has a constitutional or international aspect. I doubt whether there is any other section of the Congress whose themes are so difficult to select. We cover, indeed, those branches that mainly concern the ordinary, plain, steady-going, stay-at-home, law-abiding citizen,-that multitude of questions among which most legal practitioners everywhere are wearing out their lives; working every day and all day upon Present Problems of Private Law. Each of those problems interests the parties to the particular litigation or negotiation or dispute or difficulty which brings it up. Some interest even the lawyers to whom they are presented. Few interest anybody else; and even among these few but a small minority possess such worldwide interest that they are worthy of the consideration of a Congress representing all the civilized nations of the globe. Furthermore, this is not an International Congress of Lawyers. There is such a Congress; but it is a different one, and does not meet until next week. This is a Congress of Arts and Science; and of all the Present Problems of Private Law none is so difficult as to give to any portion of Private Law, as known at least to the American practitioner, the semblance either of a Science or of an Art.

Recommended Citation

Edward B. Whitney, Doctrine of Stare Decisis, 3 Mich. L. Rev. 89 (1904).
Available at: https://repository.law.umich.edu/mlr/vol3/iss2/1