Private Law Theory

Intoduction
How does the law of judicial precedent work in practice? That is the question at the heart of The Law of Judicial Precedent, the first treatise on the subject in more than 100 years. The treatise sets aside more theoretical and familiar questions about whether and why earlier decisions (especially wrong ones) should bind courts in new cases. Instead, it offers an exhaustive how-to guide for practicing lawyers and judges: how to identify relevant precedents, how to weigh them, and how to interpret them. In short, how to apply precedents to new cases. The treatise’s thirteen authors include representatives from several of the federal circuit courts, justices from two state supreme courts, and the US Supreme Court’s newest member, Justice Neil Gorsuch … (more)

Paul J Watford, Richard C Chen and Marco Basile, ‘Crafting Precedent’, 131 Harvard Law Review 543 (8 December 2017).

First posted 2017-12-09 09:28:07