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Precedent

Philosophy Compass 2 (5):699–711 (2007)

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  1. On the Puzzling Death of the Sanctity-of-Life Argument.Katharina Stevens - 2020 - Argumentation 34 (1):55-81.
    The passage of time influences the content of the law and therefore also the validity of legal arguments. This is true even for charter-arguments, despite the widely held view that constitutional law is made to last. In this paper, I investigate the reason why the sanctity-of life argument against physician assisted suicide lost its validity between the Supreme Court decision in Rodriguez v. British Columbia in 1993 and Carter v. Canada in 2015. I suggest that a rhetorical approach to argument (...)
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  • What Does History Matter to Legal Epistemology?Maksymilian Del Mar - 2011 - Journal of the Philosophy of History 5 (3):383-405.
    This paper argues that not only does history matter to legal epistemology, but also that understanding legal epistemology can yield a certain understanding of the past. The paper focuses on the common law practice of precedent and argues that there is no set of rules, principles, reasons or material facts that constitute the fixed or foundational content of past decisions, but rather that what is taken by a judge resolving a particular dispute to be the content of past decisions depends (...)
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