神马作文网英语翻译Our judicial system of decision-making is commonly said
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英语翻译
Our judicial system of decision-making is commonly said to be one of "stare decisis"--adherence to past decisions ,or "precedents." A precedent is a prior decision with facts sufficiently similar to the case "subjudice"——under adjudication——that the court feels obliged to follow it and to render a similar decision.A regime of law based primarily on precedent is commonly justified on two grounds.First,it offers a high degree of predictability of decision ,enabling those who so desire to order their affairs in accordance with ascertainable rules of law.Second,it puts a rein on what might otherwise be the natural proclivity of judges to decide cases on the basis of prejudice ,personal emotion,or other factors that we might regard as improper grounds for decision.Such a system also will obviously have the characteristic——which may sometimes be a virtue,sometimes a defect ——of being static and conservative,generally oriented toward preservation of the status quo.
Our judicial system of decision-making is commonly said to be one of "stare decisis"--adherence to past decisions ,or "precedents." A precedent is a prior decision with facts sufficiently similar to the case "subjudice"——under adjudication——that the court feels obliged to follow it and to render a similar decision.A regime of law based primarily on precedent is commonly justified on two grounds.First,it offers a high degree of predictability of decision ,enabling those who so desire to order their affairs in accordance with ascertainable rules of law.Second,it puts a rein on what might otherwise be the natural proclivity of judges to decide cases on the basis of prejudice ,personal emotion,or other factors that we might regard as improper grounds for decision.Such a system also will obviously have the characteristic——which may sometimes be a virtue,sometimes a defect ——of being static and conservative,generally oriented toward preservation of the status quo.
我们的司法系统的决策通常是说是一个“先例” 坚持过去的决定,一个先例是事先决定的事实充分类似情况“须受到” 根据裁决,该法院认为必须遵循它,并提供了类似的.法律制度的主要依据的先例是两个常见理由.它提供了一个高度可预测性的决定,以便使这些愿望谁为了自己的事务按照核实的规则.它控制了一个什么否则可能自然癖性法官决定案件的基础上的偏见,个人的情感,或其他因素,我们可能会认为这是不正当的理由.系统也将有明显的特点,这有时可能一种美德,有时缺陷,静态和保守一般面向保持现状.
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