Uniformity of Jurisprudence Is Not Uniformity in Applying Law
Translated from Polish, summarized and contextualized by DistantNews.
At a glance
- The article discusses the difference between "uniformity of jurisprudence" and "uniformity of applying law."
- It critiques the increasing volume of court documents, attributing it to the ease of "copy and paste" functions on computers.
- The piece suggests that the Supreme Court and the Court of Justice of the European Union do not create law and do not apply retroactively.
The ease of modern technology, particularly the "copy and paste" function on computers, has led to a significant increase in the volume of court documents, according to a critique of legal writing. This contrasts with the era of typewriters, where the physical effort of writing encouraged brevity. The article suggests that despite the increased length of legal submissions, the substance and importance of the content have not necessarily grown proportionally.
The piece distinguishes between "uniformity of jurisprudence" and "uniformity of applying law," implying that simply having consistent case law does not guarantee consistent legal application. It emphasizes that the jurisprudence of the Supreme Court and the Court of Justice of the European Union should not be mistaken for law itself, nor should it be applied retroactively.
This commentary appears in the context of a subscription offer for The New York Times, suggesting a broader discussion about the dissemination and accessibility of legal and public information. The article is presented as a fragment, with the majority of its content presumably available to subscribers.
Originally published by Rzeczpospolita in Polish. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.