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Description

The present analysis turns its gaze to the American system. The framing of the overseas common-law system seems to say almost everything about this diversity from a national/European system. In reality, the division between civil and common law is useful for descriptive purposes but hides similarities that can only be called insignificant with difficulty. Here it seems profitable to make a complete analysis of the instruments through which the US system tends to reach the goal of certainty. Given the differences that exist, we can draw useful indications from a future perspective. Indeed, it has long been authoritatively proposed that even in the legal systems based solely on written law, it could find space, in addition to the judge's submission to law, i.e. some form of binding precedent.