Precedent

/ˈprɛsɪdənt/ (noun), /prɪˈsiːdənt/ (adjective in legal use) noun, adjective

Definition

As a noun, a precedent is an earlier event or decision that is used as an example or guide for later similar cases, especially in law. As an adjective, it means coming or happening before.

Etymology

“Precedent” comes from Latin *praecedens*, the present participle of *praecedere*, “to go before.” It originally meant “going before,” then became “example set before others.”

Kelly Says

In law, once something becomes a precedent, it can steer future decisions like a hidden rail track. This is how a single case can quietly shape the behavior of people and institutions for decades.

Ethical Language Guidance

Gender History

Legal and social precedents were largely established in eras when women and many gender minorities had limited or no formal rights, so 'precedent' often encodes norms built without their participation. Feminist legal scholars have highlighted how reliance on such precedents can perpetuate gender bias unless critically examined.

Inclusive Usage

When citing precedent in law or policy, consider whether earlier decisions reflected gender-exclusionary norms and whether more recent, inclusive precedents exist. Make explicit when a precedent helped expand rights for women and gender minorities.

Empowerment Note

Highlight landmark cases and decisions where women lawyers, judges, and activists helped set new precedents that advanced gender equality and protections against discrimination.

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