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THE MEANING OF A PRECEDENT
| Content Provider | Scilit |
|---|---|
| Author | Levenbook, Barbara Baum |
| Copyright Year | 2000 |
| Description | A familiar jurisprudential view is that a judicial decision functions as a legal precedent by laying down a rule and that the content of this rule is set by officials. Precedents can be followed only by acting in accordance with this rule. This view is mistaken on all counts. A judicial decision functions as a precedent by being an example. At its best, it is an example both for officials and for a target population. Even precedents outside of law function as examples when they have conduct-guiding significance. Examples may be rule-like in their scope, but need not be. Their import is independent of their justification; this point has implications for coherence theories of precedent meaning. The content and scope of a legal decision’s extension is not set exclusively by officials. It is socially set and depends upon social salience. |
| Related Links | https://www.cambridge.org/core/services/aop-cambridge-core/content/view/FDCC170E726F5EC0D12F4341A852756A/S1352325200062030a.pdf/div-class-title-the-meaning-of-a-precedent-div.pdf |
| Ending Page | 240 |
| Page Count | 56 |
| Starting Page | 185 |
| ISSN | 13523252 |
| e-ISSN | 14698048 |
| DOI | 10.1017/s1352325200062030 |
| Journal | Legal Theory |
| Issue Number | 2 |
| Volume Number | 6 |
| Language | English |
| Publisher | Cambridge University Press (CUP) |
| Publisher Date | 2000-03-01 |
| Access Restriction | Open |
| Subject Keyword | Legal Theory Precedent Meaning |
| Content Type | Text |
| Resource Type | Article |
| Subject | Philosophy Law |
