Philosophical Foundations of Precedent
Published on 18. April 2023
Book
Hardback
576 pages
978-0-19-285724-8 (ISBN)
Description
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.
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.
More details
Series
Language
English
Place of publication
Oxford
United Kingdom
Target group
Professional and scholarly
Product notice
sewn/stitched
Cloth over boards
Dimensions
Height: 239 mm
Width: 175 mm
Thickness: 51 mm
Weight
1134 gr
ISBN-13
978-0-19-285724-8 (9780192857248)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Timothy Endicott | Hafsteinn Dan Kristjánsson | Sebastian Lewis
Philosophical Foundations of Precedent
E-Book
04/2023
1st Edition
OUP eBook
€138.99
Available for download
Timothy Endicott | Hafsteinn Dan Kristjánsson | Sebastian Lewis
Philosophical Foundations of Precedent
E-Book
03/2023
1st Edition
OUP eBook
€138.99
Available for download
Persons
Timothy Endicott is the Vinerian Professor of English Law at the University of Oxford. He writes on Constitutional and Administrative Law and Jurisprudence, with special interests in law and language and legal interpretation. He was a Fellow in Law at Balliol College from 1999 to 2020 and served as the Dean of the Faculty of Law in Oxford for two terms, from 2007 to 2015. He is the author of Administrative Law, 4th edition (OUP 2018) and Vagueness in Law (OUP 2000).
Hafsteinn Dan Kristjansson is an adjunct at the University of Iceland and a lecturer at Balliol College, Oxford. Before that, he was the deputy to the Parliamentary Ombudsman in Iceland. He has written two books, twenty peer-reviewed articles and book chapters, and 13 other articles or book chapters on law chiefly in the fields of administrative and constitutional law, legal method, jurisprudence, civil and criminal procedure as well as criminal law.
Sebastian Lewis is Lecturer in Law, Oriel College, Oxford, and Global Associate Professor of Law, University of Notre Dame in England and Incoming Fellow in Law, University of Surrey. He is interested in jurisprudence, legal reasoning, public law, and comparative public law. He has taught constitutional law and jurisprudence for various colleges at Oxford and King's College London. He holds a Master of Laws from Harvard Law School and is a qualified lawyer in Chile.
Hafsteinn Dan Kristjansson is an adjunct at the University of Iceland and a lecturer at Balliol College, Oxford. Before that, he was the deputy to the Parliamentary Ombudsman in Iceland. He has written two books, twenty peer-reviewed articles and book chapters, and 13 other articles or book chapters on law chiefly in the fields of administrative and constitutional law, legal method, jurisprudence, civil and criminal procedure as well as criminal law.
Sebastian Lewis is Lecturer in Law, Oriel College, Oxford, and Global Associate Professor of Law, University of Notre Dame in England and Incoming Fellow in Law, University of Surrey. He is interested in jurisprudence, legal reasoning, public law, and comparative public law. He has taught constitutional law and jurisprudence for various colleges at Oxford and King's College London. He holds a Master of Laws from Harvard Law School and is a qualified lawyer in Chile.
Content
Timothy Endicott, Hafsteinn Dan Kristjansson, and Sebastian Lewis: Introduction: The Central Question and Its Ramifications
I. The Nature of Precedent
1: Larry Alexander: Precedent: The What, the Why, and the How
2: Grant Lamond: The Doctrine of Precedent and the Rule of Recognition
3: Sebastian Lewis: On the Nature of Stare Decisis
4: N. W. Barber: Why Precedent Works
5: Adam Rigoni: Precedent and Legal Creep: A Cause for Concern?
6: Hafsteinn Dan Kristjansson: Elements of Precedent
7: Leah Trueblood and Peter Hatfield: Precedent and Paradigm: Thomas Kuhn on Science and the Common Law
8: Barbara Baum Levenbook: Supplanting Defeasible Rules
9: Brian Leiter: Realism About Precedent
II. Precedent and Legal Argument
10: Claudio Michelon: The Uses of Precedent and Legal Argument
11: Luis Duarte d'Almeida: The 'Expiscation' of Legal Principles
12: Ralf Poscher: The Hermeneutics of Legal Precedent
13: Emily Sherwin: Do Precedents Constrain Reasoning?
14: Amalia Amaya: Precedent, Exemplarity, and Imitation
15: John Horty: How Does Precedent Constrain?
16: Scott Brewer: Precedent, Contest, and Law: A Logocratic Agony That Fits
17: Bruno Celano: Dog Law: On the Logical Structure (or lack thereof) of Distinguishing
18: Cass R. Sunstein: Analogical Reasoning and Precedent
19: Frederick Schauer and Barbara A. Spellman: Precedent and Similarity
III. Precedent and Legal Theory
20: Andrei Marmor: Presumptive Reasons & Stare Decisis
21: Kenneth M. Ehrenberg: An Artefactual Theory of Precedent
22: Nina Varsava: The Gravitational Force of Future Decisions
23: John C.P. Goldberg and Benjamin C. Zipursky: A Precedent-Based Critique of Legal Positivism
24: Fabio Perin Shecaira: Precedent and the Source-Norm Distinction
25: Stephen Perry: Precedent as Generalized Second-Order Reasons
26: Torben Spaak: Reasons Holism and the Shared View of Precedent
IV. Precedent and Judicial Power
27: Dale Smith: Should Courts Follow Mistaken Statutory Precedents?
28: Mikolaj Barczentewicz: Precedent and Law-Making Powers
29: Maris Koepcke: Shaping our Relationship: The Power to Set a Precedent
30: Richard H. Fallon, Jr.: Constitutionally Erroneous Precedent as a Window on Judicial Lawmaking in the U.S. Legal System
31: Lorena Ramirez-Ludena: Statutory Interpretation and Binding Precedents in the Civil Law Tradition
32: Nils Jansen: The Oracles of Codification: Informal Authority in Statutory Interpretation
33: Hillary Nye: Predictability and Precedent
V. Effects of Precedent in Morality and Law
34: Katharina Stevens: Precedent Slippery Slopes
35: Jeremy Waldron: 'A Previous Instance': Yamamoto and the Uses of Precedent
36: Adam Perry: Consistency in Administrative Law
37: Nicole Roughan: Escaping Precedent: Interlegality and Change in Rules of Recognition
38: Matthew H. Kramer: Hoary Precedents
39: Heidi M. Hurd: Partnering with the Dead to Govern the Unborn: The Value of Precedent in Judicial Reasoning
40: Emily Kidd White: Emotions and Precedent
I. The Nature of Precedent
1: Larry Alexander: Precedent: The What, the Why, and the How
2: Grant Lamond: The Doctrine of Precedent and the Rule of Recognition
3: Sebastian Lewis: On the Nature of Stare Decisis
4: N. W. Barber: Why Precedent Works
5: Adam Rigoni: Precedent and Legal Creep: A Cause for Concern?
6: Hafsteinn Dan Kristjansson: Elements of Precedent
7: Leah Trueblood and Peter Hatfield: Precedent and Paradigm: Thomas Kuhn on Science and the Common Law
8: Barbara Baum Levenbook: Supplanting Defeasible Rules
9: Brian Leiter: Realism About Precedent
II. Precedent and Legal Argument
10: Claudio Michelon: The Uses of Precedent and Legal Argument
11: Luis Duarte d'Almeida: The 'Expiscation' of Legal Principles
12: Ralf Poscher: The Hermeneutics of Legal Precedent
13: Emily Sherwin: Do Precedents Constrain Reasoning?
14: Amalia Amaya: Precedent, Exemplarity, and Imitation
15: John Horty: How Does Precedent Constrain?
16: Scott Brewer: Precedent, Contest, and Law: A Logocratic Agony That Fits
17: Bruno Celano: Dog Law: On the Logical Structure (or lack thereof) of Distinguishing
18: Cass R. Sunstein: Analogical Reasoning and Precedent
19: Frederick Schauer and Barbara A. Spellman: Precedent and Similarity
III. Precedent and Legal Theory
20: Andrei Marmor: Presumptive Reasons & Stare Decisis
21: Kenneth M. Ehrenberg: An Artefactual Theory of Precedent
22: Nina Varsava: The Gravitational Force of Future Decisions
23: John C.P. Goldberg and Benjamin C. Zipursky: A Precedent-Based Critique of Legal Positivism
24: Fabio Perin Shecaira: Precedent and the Source-Norm Distinction
25: Stephen Perry: Precedent as Generalized Second-Order Reasons
26: Torben Spaak: Reasons Holism and the Shared View of Precedent
IV. Precedent and Judicial Power
27: Dale Smith: Should Courts Follow Mistaken Statutory Precedents?
28: Mikolaj Barczentewicz: Precedent and Law-Making Powers
29: Maris Koepcke: Shaping our Relationship: The Power to Set a Precedent
30: Richard H. Fallon, Jr.: Constitutionally Erroneous Precedent as a Window on Judicial Lawmaking in the U.S. Legal System
31: Lorena Ramirez-Ludena: Statutory Interpretation and Binding Precedents in the Civil Law Tradition
32: Nils Jansen: The Oracles of Codification: Informal Authority in Statutory Interpretation
33: Hillary Nye: Predictability and Precedent
V. Effects of Precedent in Morality and Law
34: Katharina Stevens: Precedent Slippery Slopes
35: Jeremy Waldron: 'A Previous Instance': Yamamoto and the Uses of Precedent
36: Adam Perry: Consistency in Administrative Law
37: Nicole Roughan: Escaping Precedent: Interlegality and Change in Rules of Recognition
38: Matthew H. Kramer: Hoary Precedents
39: Heidi M. Hurd: Partnering with the Dead to Govern the Unborn: The Value of Precedent in Judicial Reasoning
40: Emily Kidd White: Emotions and Precedent