Precedents As Rules and Practice

Precedents As Rules and Practice

by Amalie Frese, Julius Schumann

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About
This book brings together contributions with different approaches to the study of precedent as both 'rules' and 'practice'. The questions asked are thus not limited to whether precedent is defined by its constraining effect, but furthermore the contributions often concern the functions and roles of precedent through research questions such as: What is precedent when studying the practice of judicial decision making? How are precedents formed by adjudication and conversely, what role do precedent citations play for shaping judicial decisions and the outcomes? To what extent are precedents used in different systems of law and in different court's jurisprudence? When and for what are precedents used? And what different effects do different styles of precedent have and why?

Discussion questions for Precedents As Rules and Practice

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  1. 1

    How does the book’s framing of precedent as both a rigid "rule" and a flexible "practice" alter your traditional understanding of how legal systems operate?

  2. 2

    In your own professional or personal life, how often do you find yourself relying on past precedents—established ways of doing things—rather than evaluating a situation entirely from scratch?

  3. 3

    The authors explore how precedents are not just constraints, but active tools used by judges; how does this active shaping of law compare to your previous perceptions of judicial neutrality?

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