Why precedent works
This chapter presents a social model of precedent, one in which the legal rules of precedent are supplemented by non-legal rules generated within social groups, principally the legal community of which the judge is a part. It argues that the legal structures of precedent are not enough, in themselv...
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| Format: | Book section |
| Language: | English |
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Oxford University Press
2023
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| _version_ | 1797112320698089472 |
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| author | Barber, NW |
| author2 | Endicott, T |
| author_facet | Endicott, T Barber, NW |
| author_sort | Barber, NW |
| collection | OXFORD |
| description | This chapter presents a social model of precedent, one in which the legal rules of precedent are supplemented by non-legal rules generated within social groups, principally the legal community of which the judge is a part. It argues that the legal structures of precedent are not enough, in themselves, to explain how the practice operates and, in particular, how it is that judges come to experience precedent as coercive. Precedent should be understood as a social practice, a mode of argumentation partly structured by non-legal rules that operate within social groups, and social expectations are key to the effectiveness of these rules. The chapter concludes by considering some of the problems raised by the roles of social groups in the operation of precedent, and suggests ways in which these problems may be mitigated. |
| first_indexed | 2024-03-07T08:22:32Z |
| format | Book section |
| id | oxford-uuid:026457be-614b-4757-b508-e58cce74b3e4 |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-03-07T08:22:32Z |
| publishDate | 2023 |
| publisher | Oxford University Press |
| record_format | dspace |
| spelling | oxford-uuid:026457be-614b-4757-b508-e58cce74b3e42024-02-08T15:31:39ZWhy precedent worksBook sectionhttp://purl.org/coar/resource_type/c_1843uuid:026457be-614b-4757-b508-e58cce74b3e4EnglishSymplectic ElementsOxford University Press2023Barber, NWEndicott, TKrisjannson, HLewis, SThis chapter presents a social model of precedent, one in which the legal rules of precedent are supplemented by non-legal rules generated within social groups, principally the legal community of which the judge is a part. It argues that the legal structures of precedent are not enough, in themselves, to explain how the practice operates and, in particular, how it is that judges come to experience precedent as coercive. Precedent should be understood as a social practice, a mode of argumentation partly structured by non-legal rules that operate within social groups, and social expectations are key to the effectiveness of these rules. The chapter concludes by considering some of the problems raised by the roles of social groups in the operation of precedent, and suggests ways in which these problems may be mitigated. |
| spellingShingle | Barber, NW Why precedent works |
| title | Why precedent works |
| title_full | Why precedent works |
| title_fullStr | Why precedent works |
| title_full_unstemmed | Why precedent works |
| title_short | Why precedent works |
| title_sort | why precedent works |
| work_keys_str_mv | AT barbernw whyprecedentworks |