Factors and prerequisites for the emergence of a precedent approach in jurisprudence

the article substantiates the existence of uniform and universal factors and prerequisites for the formation and development of case law methodology for all legal systems, which justifies the observed patterns of convergence of approaches of the Romano-German and Anglo-American types of countries. The paper analyzes the main factors and reasons for the formation of a precedent as a law enforcement mechanism, and identifies patterns of influence of such factors and reasons on the development of a precedent. In particular, the author substantiates that the precedent methodology was formed due to a number of common theoretical, legal and philosophical factors and reasons, including: human nature and a tendency to follow traditions, written fixation and generalization of law enforcement decisions, correlation of precedent legal methodology and considerations of justice in the form of equal treatment of equal subjects, and there is also an imperfection of the regulatory material.

legal precedent, judicial precedent, case law, case methodology, precedent factors, legal systems, precedent development