Settled versus right: a theory of precedent
"[This book] develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. [The author] contends that the prevailing approach to precedent in American law is undermined by principled disagreements among judges over the proper means and ends of constitutional interpretation. The structure and composition of the doctrine all but guarantee that conclusions about the durability of precedent will track individual views about whether decisions are right or …
Read More ↓Title Statements
- Full title :Settled versus right : a theory of precedent / Randy J. Kozel.
Summary
"[This book] develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. [The author] contends that the prevailing approach to precedent in American law is undermined by principled disagreements among judges over the proper means and ends of constitutional interpretation. The structure and composition of the doctrine all but guarantee that conclusions about the durability of precedent will track individual views about whether decisions are right or wrong, and whether mistakes are harmful or benign. This is a serious challenge, but it also reveals a path toward maintaining legal continuity even as judges come and go."--
Read More ↓Edition Statements
- Publication Date:©2017
Publication Statements
- Publisher(s):Cambridge University Press
- Place of Publication:Cambridge, United Kingdom
- Language:eng
- Publication Date:©2017
The Physical Object
- Description:x, 180 pages ; : 24 cm
Edition Identifiers
- ISBN:9781107127531, 110712753X, 1107566525, 9781107566521
- oclc:ocn973199813
- LC Classification:KF429
- Dewey Decimal:347.73/001
Table of Contents
Framing the study of precedent -- The stakes of deference -- Strength of constraint -- Scope of applicability -- Precedent and pluralism -- Precedential strength in doctrinal perspective -- Precedential strength in structural perspective -- Compromise, common ground, and precedential scope -- Implications and transitions.
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