Reply To: Why do lawyers live in the past?

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yitayningwut
Participant

Actually, I think a fundamental difference between halacha and American style common law, is that halacha does not follow precedent at all.

In halacha, we don’t mainly read old cases, we read treatises. And old cases are not treated as having any more binding force than a treatise by the same author.

I don’t really get what you mean. Care to explain?