Doctrine of precedent

It is not fixed, except by the doctrine of precedent. This requires a lower court to follow a previous judgment of a higher court. The decisions that make up common law include those made in respect of statute law (made by Parliament) on a particular set of facts. Statute law remains superior to common law. If both statute and common law apply in a case, but appear... 

For the doctrine of precedent to operate there must be reliable law reporting. Important judgements are published in the Weekly Law Reports (WLR), some of which are selected for the Law Reports. Another important series is the All England Reports (All ER). Important Scottish cases are reported in Sessions Cases (SC) and Scots Law Times (SLT). In N. Ireland the two main series of law reports are the Northern Ireland Law Reports (Nl) and the Northern Ireland Judgements Bulletin (N.I.J.B.), sometimes called the Bluebook. There are various specialist law reports, to which reference may be made when considering safety cases. A list of their abbreviations is published in the January edition of Current Law which also summarises current developments and current accident awards. 

There is a certain order which is observed in human knowledge that is impossible to invert, and on which depends all the success of our discoveries. It is thus that the celebrated doctrine of M. Rouelle on the different quantities of acid which can enter into the composition of the same salt must necessarily precede the history of gypsum and its varieties. This discovery so fecund, the greatest that has been made in theoretical chemistry since Stahl, will serve as basis for all the aetiologies one will find in this memoir. Furthermore, I do not doubt that it will serve in the future as the foundation of an infinity of others and that it will unveil for the posterity the most impenetrable mysteries of nature. ... 

The use of strong miotics in myopic patients has been the cause of negligence claims when therapy has resulted in retinal detachment. Patients who are at risk for detachment should not be treated with miotic agents initially. To comply with the doctrine of informed consent, the use of miotics should be preceded by a discussion with patients of the risks and benefits of the drug chosen. When miotics are used for treatment, patients should be examined carefully to rule out the presence of risk factors (e.g., lattice degeneration) that may increase the likelihood of a retinal detachment. 

Although the construction of the doctrine of express constitutional self-determination was limited at the point of its inception, it has been regarded with considerable scepticism by some governments. The Yugoslav precedent in particular had some impact on attempts to negotiate settlements in a number of other secessionist conflicts. 

This last argument seeks to refute Avicenna s theory that a thing that comes to be must be preceded by a substrate, but also lends credence to the Ash ari doctrine that God s power can create things ex nihilo, which al-Ghazali defended. It is, however, an ad hominem argument, since it does not presuppose a commitment to the doctrine of the rational soul, which in this context is conceded purely for the sake of argument. ... 

Avicenna was well-aware that the same reasoning through which he infers that a series of simultaneous causes must terminate in an uncaused cause can also be used to infer that a series of temporally ordered causes must terminate in a first, pre-etemal cause preceded by no further causes. As already noted, the former series would consist of what Avicenna considers to be metaphysicaT causes, whereas the latter would consist of what he terms physical causes. So in the Physics of the Shi/d he confutes several arguments adduced against the doctrine of a beginningless series of temporally ordered occurrences, a discussion pertinent to the question of when a series constitutes a whole. 

Previous court decisions are looked to for guidance. English law has developed a strong doctrine of judicial precedent, so that some decisions must be followed in subsequent cases. Other precedents are persuasive. To operate this doctrine of judicial precedent it is necessary to know ... 

In closing the preceding lemm, we referred to the Secret of the Excluded Middle. Th n is one of the most ancient and fundamental formulas of the Secret Doctrine or Arcane Teaching of the aotieot occult fraternities. It u regarded as the Kryjtone of the Mystic Arch. Those who gn p- the inner spirit of this Secret are, as the Aphorism inform u, "well on the road to Mastery." Let us refer you to Aphorism XX, at this place. 

Just war theory has been subject to strong criticism. For example, the theory may be viewed as institutionalising conflict assumptions, as it assumes a culture of conflict rather than seeking to promote a culture of peace. The very concept of a just war may be doubted, for armed conflict inevitably results in the death and injury of the innocent. The requirements represent a rather idealised state very different from the irrational political disputes that precede the start of wars and the chaotic conduct of wars. It has also been suggested that the very existence of a set of requirements of this sort makes war more likely, for they can be used speciously to justify war. For example, the doctrine may be used to provide justiflcation for pre-emptive war or even preventive war, where any danger is distant, perhaps no... 

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