Reasons and Precedent

Abstract
This paper describes one way in which a precise reason model of precedent could be developed, based on Grant Lamond’s general idea that a later court is constrained to reach a decision that is consistent an earlier court’s assessment of the balance of reasons. The account provided here has the additional advantage of showing how this reason model can be reconciled with the traditional idea that precedential constraint involves rules, as long as these rules are taken to be defeasible
Keywords No keywords specified (fix it)
Categories No categories specified
(categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 10,337
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Citations of this work BETA
Similar books and articles
Analytics

Monthly downloads

Added to index

2009-01-28

Total downloads

24 ( #69,053 of 1,096,612 )

Recent downloads (6 months)

1 ( #265,701 of 1,096,612 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Start a new thread
Order:
There  are no threads in this forum
Nothing in this forum yet.