
Theory of Precedent
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Analytical jurisprudence has been mostly silent on the role of precedent in legal adjudication. What is the content of a judge''s precedent ideology,or the rule of precedent-recognition, by means of which the ratio of a case is to be distinguished from mere dicta? In this study, the author identifies six types of judicial precedent-ideology, among them judicial legislation, systemic construction...
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Analytical jurisprudence has been mostly silent on the role of precedent in legal adjudication. What is the content of a judge''s precedent ideology,or the rule of precedent-recognition, by means of which the ratio of a case is to be distinguished from mere dicta? In this study, the author identifies six types of judicial precedent-ideology, among them judicial legislation, systemic construction...
Read more
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