Settled versus right : a theory of precedent / Randy J. Kozel.
2017
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Author
Title
Settled versus right : a theory of precedent / Randy J. Kozel.
Imprint
Cambridge : Cambridge University Press, 2017.
Description
1 online resource (x, 180 pages) : digital, PDF file(s)
Formatted Contents Note
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.
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.
Summary
In this timely book, Randy J. Kozel develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. Kozel 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. Kozel's account of precedent should be read by anyone interested in the nature of the judicial role and the trajectory of constitutional law.
Note
Title from publisher's bibliographic system (viewed on 07 Jul 2017).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9781316412237 ebook
9781107127531 (hardback)
9781107566521 (paperback)
9781107127531 (hardback)
9781107566521 (paperback)
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