Philosophical Foundations of Precedent

The Philosophical Foundations of Precedent is a comprehensive collection of philosophical investigations into the role of precedent in law, adjudication, and morality, featuring contributions from established and emerging scholars. It explores the reasons why courts and decision-makers may deviate from past decisions and covers both common law and civil law systems globally.

Format: Hardback
Length: 576 pages
Publication date: 18 April 2023
Publisher: Oxford University Press

Philosophical Foundations of Precedent is a comprehensive and intricate exploration of the philosophical dimensions of precedent in law, adjudication, and morality. Comprising forty chapters, this remarkable work showcases the contributions of a diverse and esteemed group of authors, including both established leaders in the field and emerging voices in legal philosophy. The sheer magnitude of the resulting project is extraordinary, offering a rich tapestry of innovative and creative philosophical inquiries into the practice of following past decisions, both in law and related domains of practical reasoning. Moreover, the contributions shed light on the motivations behind courts and other decision-makers when they deviate from established practices. The scope of investigation encompasses the law and practices of common law and civil jurisdictions across the globe. Beyond its fundamental significance to common law jurisdictions, this work holds immense appeal for theoretically inclined audiences in continental Europe, Latin America, and Asia. This is primarily due to its extensive examination of precedent practices in both civil law systems and common law systems, providing a holistic understanding of the philosophical foundations of legal precedent.

Weight: 1148g
Dimension: 253 x 182 x 36 (mm)
ISBN-13: 9780192857248