Philosophical Foundations of Precedent

Abstract

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 forty-three authors-established contributors and new voices in legal philosophy. The book addresses the nature and authority of precedent and the forms of reasoning that it involves in common law and civil law systems. It also addresses fundamental principles as to how and when to act in accordance with precedent, as well as reasons for which it may be best to depart from precedent.