In theory, yes. In practice judges in Civil Law systems also tend to let themselves be guided by precedent.
(Conversely, in Common Law precedent crumbles before a judge sufficiently motivated to find reasons why the case before her differs enough to warrant a new judgement. Often there are even multiple precedents to choose from, depending on which features of the case you want to emphasise.
Identifying a precedent is like find a metaphor or analogy.)
(Conversely, in Common Law precedent crumbles before a judge sufficiently motivated to find reasons why the case before her differs enough to warrant a new judgement. Often there are even multiple precedents to choose from, depending on which features of the case you want to emphasise.
Identifying a precedent is like find a metaphor or analogy.)