more embracing in its scope

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thtoan79

Senior Member
Vietnamese
Hello everybody,

I'm translating a lawsuit, and I'm having a lot of questions arising this little paragraph as follow:

The importance of stare decisis is, of course, unquestioned, but as Mr. Justice Frankfurter stated in Helvering v. Hallock, 309 U.S. 106, 119 (1940), "stare decisis is a principle of policy and not a mechanical formula of adherence to the latest decision, however recent and questionable, when such adherence involves collision with a prior doctrine more embracing in its scope [?] , intrinsically sounder [?] , and verified by experience." (Source: http://supreme.justia.com/cases/fede...3/36/case.html)

I wonder what "more embracing in its scope" means in this sentence (whether it means "broader in terms of scope/extension" (in other words "more popular/widespread") or "more favourable in the legal field/in the legal world")

In other words, please explain to me the meanings of"embracing" and "its scope" in this context.

Thank you.
 
  • Susan Y

    Senior Member
    British English
    I think "more embracing in its scope" means wider in its ( the doctrine's) application; the Judge is saying that stare decisis should not be applied too rigidly if to do so would conflict with a more general pre-existing/ underlying doctrine.
     
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