Searching for the Common Law: The Quantitative Approach of the Restatement of Consumer Contracts
https://lawreview.uchicago.edu/print-archive/searching-common-law-quantitative-approach-restatement-consumer-contracts
Introduction
Applying a precedent is the fundamental craft of a common-law judge. Judges do not go back to general principles to derive novel solutions to each case at hand, along with novel justifications and renewed persuasion efforts.