(Ebook PDF) Philosophical Foundations of Precedent Philosophical Foundations of Law 1st edition by Timothy Endicott, Hafsteinn Dan Kristjansson, Sebastian Lewis 0192671553 9780192671554 full chapters

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ISBN-10 :  0192671553 

ISBN-13 : 9780192671554

Author: Timothy Endicott, Hafsteinn Dan Kristjansson, Sebastian Lewis 

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.

Philosophical Foundations of Precedent (Philosophical Foundations of Law) 1st Table of contents:

Part I The Nature of Precedent
1. Precedent: The What, the Why, and the How
2. The Doctrine of Precedent and the Rule of Recognition
3. On the Nature of Stare Decisis
4. Why Precedent Works
5. Precedent and Legal Creep: A Cause for Concern?
6. Elements of Precedent
7. Precedent and Paradigm: Thomas Kuhn on Science and the Common Law
8. Supplanting Defeasible Rules
Part II Precedent and Legal Argument
9. The Uses of Precedent and Legal Argument
10. The ‘Expiscation’ of Legal Principles
11. The Hermeneutics of Legal Precedent
12. Do Precedents Constrain Reasoning?
13. Precedent, Exemplarity, and Imitation
14. How Does Precedent Constrain?
15. Precedent, Contest, and Law: A Logocratic Agony That Fits
16. Dog Law: On the Logical Structure (or Lack Thereof) of Distinguishing
17. Analogical Reasoning and Precedent
18. Precedent and Similarity
Part III Precedent and Legal Theory
19. Presumptive Reasons and Stare Decisis
20. An Artefactual Theory of Precedent
21. The Gravitational Force of Future Decisions
22. A Precedent-​Based Critique of Legal Positivism
23. Realism About Precedent
24. Precedent and the Source–​Norm Distinction
25. Precedent as Generalized Second-​Order Reasons
26. Reasons Holism and the Shared View of Precedent
Part IV Precedent and Judicial Power
27. Should Courts Follow Mistaken Statutory Precedents?
28. Precedent and Law-​Making Powers
29. Shaping Our Relationship: The Power to Set a Precedent
30. Constitutionally Erroneous Precedent as a Window on Judicial Law-​Making in the US Legal Sys
31. Statutory Interpretation and Binding Precedents in the Civil Law Tradition
32. The Oracles of Codification: Informal Authority in Statutory Interpretation
33. Predictability and Precedent
Part V Effects of Precedent in Morality and Law
34. Precedent Slippery Slopes
35. ‘A Previous Instance’: Yamamoto and the Uses of Precedent
36. Consistency in Administrative Law
37. Escaping Precedent: Inter-​Legality and Change in Rules of Recognition
38. Hoary Precedents
39. Partnering with the Dead to Govern the Unborn: The Value of Precedent in Judicial Reasoning
40. Emotions and Precedent

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