THE DOCTRINE OF PRECEDENT: AN ANALYSIS FROM SOCIOLOGICAL SCHOOL OF JURISPRUDENCE & AMERICAN REALISM

“One precedent creates another and they soon accumulate constitute law. What yesterday was a fact, today is doctrine.”JuniusFrom time immemorial it has been observed that with the development of people, law evolved to maintain peace order in society. It where considered be superlative, anticipation debate about supremacy formulating body never ending. Thinkers scholars from have promoting different ideologies figure out which formulates premise on operational. The overlapping between thoughts advocates sociological school American Legal Realism prominent as both ideological grounds support view finds its source society itself. former argues addressing issues key formulate while latter supports formulated within courtrooms by giving primary importance ‘judge made law’. focus study this research paper will upon understanding precedents interface legal realism impact modern societies. also aims find role formulation principles, doctrines how does contribute making.