
Philosophical Foundations of Precedent offers a broad, deep, and diverse range of philosophical investigations of the role of precedent in law, adjudication, and morality. The forty chapters present the work of a large and inclusive group of authors which comprises of well-established leaders in the discipline and new voices in legal philosophy. The magnitude of the resulting project is extraordinary, presenting a diverse array of innovative and creative philosophical investigations of the practice of adhering to past decisions, in law and allied fields of practical reasoning. And by the same token, the contributions elucidate the reasons that courts and other decision-makers may have for departing from what has been done before. The phenomena under investigation include the law and practice of common law and civil jurisdictions around the world. In addition to its fundamental relevance to common law jurisdictions, this work will be of broad and significant interest to theoretically minded audiences in continental Europe, Latin America, and Asia because it involves an extensive study of practices of precedent in civil law systems as well as common law systems.
This volume investigates the philosophical underpinnings and normative justifications for the role of precedent in legal adjudication and practical reasoning. The editors, including Timothy A. O. Endicott and Hafsteinn Dan Kristjánsson, curate a collection of forty chapters authored by both established scholars and emerging voices in legal philosophy. The work provides a comprehensive framework for understanding why legal systems adhere to past decisions and the conditions under which departure from such precedents is theoretically warranted.
What You Will Find
Scope Limits
Experts recognize this collection as a significant contribution to contemporary jurisprudence due to its breadth and inclusion of diverse global legal traditions. Readers frequently note the academic density of the prose, identifying it as a specialized resource for scholars and advanced students of legal theory.
Page Count:
576
Publication Date:
2023-01-01
Publisher:
OUP Oxford
ISBN-10:
0192671561
ISBN-13:
9780192671561
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