Abstract

http://ssrn.com/abstract=1924585
 
 

Footnotes (13)



 


 



Precedential Constraint, its Scope and Strength: A Brief Survey of the Possibilities and Their Merits


Larry Alexander


University of San Diego School of Law

September 8, 2011

ON THE PHILOSOPHY OF PRECEDENT, T. Bustamante, et al, eds., Forthcoming
San Diego Legal Studies Paper No. 11-070

Abstract:     
In this essay I examine how broadly precedents constrain (their scope) and how strongly they do so (their strength). With respect to scope, I look at three models of precedent and conclude that only one of these is both constraining and coherent. With respect to strength, I affiliate overruling precedents with the more general issue of legal transitions and conclude that no algorithm for when to overrule is available. Overruling precedents turns out to be only an instance of the more general problem of the rationality of rule following.

Number of Pages in PDF File: 13

Keywords: precedent, rule model, result model, overruling

JEL Classification: K10

Accepted Paper Series


Download This Paper

Date posted: September 9, 2011  

Suggested Citation

Alexander, Larry, Precedential Constraint, its Scope and Strength: A Brief Survey of the Possibilities and Their Merits (September 8, 2011). ON THE PHILOSOPHY OF PRECEDENT, T. Bustamante, et al, eds., Forthcoming; San Diego Legal Studies Paper No. 11-070. Available at SSRN: http://ssrn.com/abstract=1924585

Contact Information

Lawrence Alexander (Contact Author)
University of San Diego School of Law ( email )
5998 Alcala Park
San Diego, CA 92110-2492
United States
619-260-2317 (Phone)
619-260-4728 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 508
Downloads: 135
Download Rank: 120,330
Footnotes:  13

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.312 seconds