Switch to: Citations

Add references

You must login to add references.
  1. Do precedents create rules?Grant Lamond - 2005 - Legal Theory 11 (1):1-26.
    This article argues that legal precedents do not create rules, but rather create a special type of reason in favour of a decision in later cases. Precedents are often argued to be analogous to statutes in their law-creating function, but the common law practice of distinguishing is difficult to reconcile with orthodox accounts of the function of rules. Instead, a precedent amounts to a decision on the balance of reasons in the case before the precedent court, and later courts are (...)
    Download  
     
    Export citation  
     
    Bookmark   35 citations  
  • Legal theory, legal interpretation, and judicial review.David O. Brink - 1988 - Philosophy and Public Affairs 17 (2):105-148.
    I argue that disputes within constitutional theory about whether recent supreme court decisions exceed the scope of legitimate judicial review and disputes within legal theory about the nature and determinacy of law are best seen and assessed as disputes over the nature of legal interpretation. I criticize the interpretive assumptions on which these disputes generally depend and defend a theory of interpretation which tends to vindicate the determinacy of law even in hard cases and the style of recent court decisions (...)
    Download  
     
    Export citation  
     
    Bookmark   16 citations  
  • Integrity : Justice in workclothes.Gerald J. Postema - 2004 - In Justine Burley (ed.), Dworkin and His Critics: With Replies by Dworkin. Malden, MA: Wiley-Blackwell. pp. 291--318.
    Download  
     
    Export citation  
     
    Bookmark   7 citations