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Settled versus Right: A Theory of Precedent

Settled versus Right: A Theory of Precedent

Name: Settled versus Right: A Theory of Precedent
Brand: Cambridge University Press
SKU: 9781107566521
Price: 428.74 HKD
Availability: InStock
Author: Randy J. Kozel
ISBN: 9781107566521

By Randy J. Kozel

Cambridge University Press July 2017

Specifications

ISBN-13: 9781107566521
Publisher: Cambridge University Press
Publication: July 2017
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

In this timely book, Randy J. Kozel develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. The problem with the US Supreme Court's approach to precedent is not that the Justices are behaving in an unprincipled manner. The problem is that the modern doctrine of precedent is undermined by principled disagreements among Justices acting in good faith. 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 role of the Supreme Court and the trajectory of constitutional law.

Introduction

1. Framing the study of the precedent

2. The stakes of deference

3. Strength of constraint

4. Scope of applicability

5. Precedent and pluralism

6. Precedential strength in doctrinal perspective

7. Precedential strength in structural perspective

8. Compromise, common ground, and precedential scope

9. Implication and transitions

10. From second best to first principles

Conclusion.