Oliphant claimed that the principle of stare decisis was no longer applicable. This approach was only suitable for the relatively simply structured societies of the past, but no longer for the present day. Therefore, Oliphant took a scientific approach.
He said that the way a judge handles a case can be viewed as a stimulus-response model , the judge reacts to the stimulus that the case creates in him.
- Herman Oliphant: A Return to Stare Decisis . In: American Bar Association Journal 14 (1928).
|American legal philosopher
|DATE OF BIRTH
|August 31, 1884
|DATE OF DEATH
|January 11, 1939
|Place of death