BBT Objectivism
BBT Objectivism
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The Place of Precedent in Objective Law

Thursday, October 15, 2009

Judicial deference to precedent seems to carry definite advantages for a legal system – as well as definite disadvantages. What weight should precedent exert on our understanding of what the law is? Where does regard for precedent stand vis-a-vis other elements that a court should consider? Does acceptance of the doctrine of stare decisis weaken the authority of the law? Does it strengthen it? What are the implications of respect for precedent for the objectivity of the law?