Re-Examining the Bricks and Mortar: Case Law, the Doctrine of Precedent and Contemporary Legal Education

Abstract

The purpose of this article is to identify important modern influences upon the operation of the doctrine of precedent in Australia, to interpret those influences in the context of legal practice and education, and to suggest some practical solutions for legal professionals faced with the "drifting goal-posts" of contemporary judicial reasoning. The development of "Law in Context" — type courses over recent years has significantly broadened introductory teaching to law, and reference will be made to relevant teaching examples from such courses later in this paper. However the purpose of this paper is not to address the whole range of issues relevant to these courses, but rather to focus on precedent-specific issues.