"Kelly, “Clio and the Court,” 122; also Frederick Shauer, “Precedent,” Stanford Law Review 39 (1987): 571. Peter Burke asks, “What is the function of social memory?” He speculates that if a lawyer were asked, “[H]e or she might well discuss the importance of custom and precedent, the justification or legitimation of actions in the present with reference to the past.” History as Social Memory” in Memory History, Culture and the Mind, ed. Thomas Butler (Oxford: Blackwell, 1989), 105."