Precedent and fairness

Courts in common law systems decide cases as they decided like cases in the past—even if they believe they decided those past cases wrongly. What, if anything, justifies this practice? I defend two main claims. The first is that fairness favors treating like cases alike if that means treating them c...

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Bibliographic Details
Main Author: Perry, A
Format: Journal article
Language:English
Published: Cambridge University Press 2023