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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書目詳細資料
主要作者: Perry, A
格式: Journal article
語言:English
出版: Cambridge University Press 2023