@eric@ericpuryear.com And fundamentally, in a common law system, decisional law is typically a court’s balancing of the parties’ competing interests and rights. Given that for the vast majority of the common law system’s existence, certain kinds of folks had more rights than others, it’s not surprising that those biases are baked in. Stare decisis has, as a virtue, that the law is predictable. It’s worse vice is that it makes the law predictably regressive.
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