The Common Law Tradition¶
Llewellyn, K. N. (1960). The Common Law Tradition: Deciding Appeals.
Cited by¶
4 citations across 4 artifacts.
Each citation links to the sentence it supports in the citing article.
Primes¶
- Adjudication (Dispute Resolution)
- This preserves impartiality while leveraging relevant expertise—an arrangement Llewellyn (1960) analyzed as the "grand style" of common-law judging that pairs craft expertise with situation-sense and fidelity to received doctrine.
This sourceLittle, Brown. Anatomizes appellate craft — the 'grand style' pairing situation-sense with fidelity to doctrine, principled distinguishing, and legitimate overrule — supports the recusal/specialist-assignment archetype (D49-010).
- This preserves impartiality while leveraging relevant expertise—an arrangement Llewellyn (1960) analyzed as the "grand style" of common-law judging that pairs craft expertise with situation-sense and fidelity to received doctrine.
- Exemplar Retrieval
- In common law a judge reasoning by precedent locates the most similar prior decision and reasons by analogy from its facts — the doctrine is stare decisis, the cognitive operation is exemplar retrieval — while civil-code systems classify from a statute, answering the same legal question with the opposite architecture and different transparency-flexibility trade-offs.
This sourceClassic account of common-law reasoning by precedent (stare decisis), contrasting case-by-case adjudication with code-based decision.
- In common law a judge reasoning by precedent locates the most similar prior decision and reasons by analogy from its facts — the doctrine is stare decisis, the cognitive operation is exemplar retrieval — while civil-code systems classify from a statute, answering the same legal question with the opposite architecture and different transparency-flexibility trade-offs.
- Portable Context Bundle
- In legal precedent, a ruling carries the doctrinal context of the deciding court and is applied in later cases against that baseline, not whatever doctrine prevails when it is later invoked.
This sourceClassic account of stare decisis and how a precedent is applied against the doctrinal context in which it was decided.
- In legal precedent, a ruling carries the doctrinal context of the deciding court and is applied in later cases against that baseline, not whatever doctrine prevails when it is later invoked.
- Precedent (Stare Decisis)
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Links previously used in the corpus¶
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