hklyk urn yursn

dyu d jtyneb and cons

· Positive attributes - equality before the law; guidance from senior courts; certainty; law develops in logical way; reduction in arbitrariness
· Negative attributes - law becomes rigid and inflexible; ‘bad’ law to be followed; haphazard case-reports; courts slow to move with changing social standards
Outdated precedents

· Example of rape within marriage
· In Scots law, historical viewpoint “a man cannot rape his own wife as she has surrendered her person to her husband” (Hume, 1797)
· English law, “but the husband cannot be guilty of a rape committed by himself upon his wife, for by their mutual consent and contract the wife hath given up herself… unto her husband which she cannot retract” (Hale, 1750)
A step behind society?

· Historical view remained part of Scots Law until recently
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