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Thesis

Justifying precedent in law

Abstract:

This thesis aims to provide a philosophical foundation for the practice of following precedent in law. It argues that legal systems should adopt a practice of precedent that advances the Rule of Law instead of one that advances other values at the cost of undermining this ideal. This practice is called ‘precedent-following’. In virtue of precedent-following, later courts treat relevant precedents as normative legal facts favouring, and sometimes requiring, the same decision as before. A disti...

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Oxford college:
Somerville College
Role:
Author
ORCID:
0000-0002-6947-826X
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Name:
Agencia Nacional de Investigación y Desarrollo
Funder identifier:
http://dx.doi.org/10.13039/501100020884
Programme:
Becas Chile Doctorado Extranjero 2017
Type of award:
DPhil
Level of award:
Doctoral
Awarding institution:
University of Oxford

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