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Who cares about precedent?

Do you care about precedent?  Should you?

In our most recent podcast call, Jeremy Phillips and I discussed precedent.

As Jeremy noted – it doesn’t really matter what you call it – people will still take it to have at least some precedential weight.

Even in China, where there is ostensibly no doctrine of precedent, you will final lawyers very carefully analysing the latest judgments from the Courts.

Why?

Because strategically, the more you can understand and predict the way a court is going to react, the more certainty you can bring to bear in planning out and choosing amongst the possible future scenarios.  It’s part of the Strategic terrain.

Photo Credit: dbking

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