Comment by gyulai

Case law isn't directly normative in civil law traditions like Germany and France in the same way it is in common law traditions like the U.S. and U.K. But court decisions that are deemed interesting do get picked up in journals, cited in academic literature, and cited by other judges in their own decisions. There is a herd dynamics psychology where judges and academic writers default to following along with the principles established in each other's decisions and academic writing, rather than go against that consensus. (Unless their conviction is very strong, and they are, depending on the gravity of the issue, willing to stake their reputations and careers on those convictions). -- I brushed over that distinction when I used the term “precedent”. In my mind it's pot-ay-toh po-tah-toh.