| 释义 |
‖ stare decisis Law.|ˈstɛəriː dɪˈsaɪzɪs, ˈstɑːreɪ dɪˈsiːsiːs|
[L., lit. to stand by things decided.]
The legal principle of determining points in litigation according to precedent; properly as v. (phr.), to be bound by precedents.
1782F. Buller in E. H. East Rep. King's Bench (1801) I. 495 The rule stare decisis is one of the most sacred in the law. 1811Q. Rev. Dec. 434 The learned judge..professes his anxiety ‘stare decisis’, and to abide by authorities. 1845H. Broom Legal Maxims ii. 61 It is..an established rule to abide by former precedents, stare decisis, where the same points come again into litigation. 1936J. C. Gardner Judicial Precedent Scots Law iii. 41 It probably cannot be said that the stare decisis doctrine had no part in the operation of precedent on the inferior Courts in Scotland. 1970Internat. & Compar. Law Q. XIX. i. 145 A rigid adherence to stare decisis..is of little assistance where the law hopes to offer an answer to the people it serves. 1982Sci. Amer. June 20/2 The doctrine of stare decisis (namely that precedents should be followed) may be imposed at the players' option, or it may arise without explicit amendment, as successive judges feel impelled to treat ‘similarly situated’ persons ‘similarly’. |