Legal Commentary

Tradition and precedent are evil – get over it

By David Canton

Tradition, history, culture and precedent are good when it defines, guides, teaches, and unites.

But its bad when it limits, insulates, controls, impedes, enslaves, shackles, incites, breeds mistrust, fosters hate, causes intolerance, causes hostility, closes minds, prevents empathy, prevents progress, limits understanding, limits learning, stifles thought, displaces logic, and limits creativity.

It strikes me that this is a real factor in many things, including the future of the legal profession, US healthcare debates, strife between countries, and Google – China censorship.

As I’ve said before, precedent should be used as context, not an operating manual.  “Because we’ve aways done it that way” is never the right answer.

Full post as published by eLegal Canton on March 25, 2010 (boomark / email).