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...
| Autor principal: | |
|---|---|
| Formato: | Journal article |
| Idioma: | English |
| Publicado em: |
Cambridge University Press
2023
|