Abdulmaleek Kadiri (Obafemi Awolowo University) has posted Judicial Precedent and the Killy-loo Bird Analogy: Striking a Balance between Tradition and Progress on SSRN. Here is the abstract:
Judicial precedents, often referred to as case law or legal precedent, play a crucial role in shaping and interpreting the legal landscape within a jurisdiction. This term paper explores the significance of judicial precedents, examining their role in the development of the common law system, their impact on legal decision-making, and the challenges they present to the legal community. By delving into the historical evolution, the mechanics of precedent, and contemporary issues surrounding its application, this paper aims to provide a comprehensive understanding of the complexities inherent in the use of judicial precedents.
And from the paper:
The analogy of comparing judicial precedent to a Killy-loo bird, which flies forward but looks backward, provides an intriguing perspective on the nature and function of legal precedent within the judicial system.