Back to Search
Start Over
The Authority of Precedents in Civil Law Systems
- Source :
- Studia Iuridica Lublinensia, Vol 27, Iss 1 (2018)
- Publication Year :
- 2018
- Publisher :
- Elsevier BV, 2018.
-
Abstract
- In this paper I'm primarily concerned with framing the role of precedents in terms of reasons that they can give to judges in various legal systems. The main purpose of the paper is to identify the ways in which precedents can be authoritative in judicial reasoning. First, I'll explain the distinction between two kinds of precedents - precedents of solution and precedents of interpretation. Second, I'll identify the ways in which both precedents of solution and precedents of interpretation affect the reasoning of future courts, and focus on the cases in which this affection can be considered practically and epistemically authoritative. Finally, I'll consider the conditions under which it can be epistemically justified to treat precedents as authoritative, with a focus on the possibility of justifying the epistemic authority of interpretative precedents.
- Subjects :
- Public Administration
media_common.quotation_subject
0603 philosophy, ethics and religion
precedent
authority of precedents
JF20-2112
Political science
Affection
0505 law
Law and economics
media_common
050502 law
Legal reasoning
precedential practice
Interpretation (philosophy)
05 social sciences
06 humanities and the arts
practical authority
16. Peace & justice
Focus (linguistics)
Framing (social sciences)
060302 philosophy
Affect (linguistics)
Philosophy of law
Political institutions and public administration (General)
Epistemic authority
Law
epistemic authority
Subjects
Details
- ISSN :
- 15565068
- Database :
- OpenAIRE
- Journal :
- SSRN Electronic Journal
- Accession number :
- edsair.doi.dedup.....693e733ece14f1255747fa6236d1ad74
- Full Text :
- https://doi.org/10.2139/ssrn.3118291