Settled versus right : a theory of precedent / Randy J. Kozel.

Format:

Book

Author/Creator:

Kozel, Randy J., author.

Language:

English

Subjects (All):

United States. Supreme Court.

Stare decisis--United States.

Stare decisis.

Decision making.

United States.

Constitutional law--United States.

Constitutional law.

United States. Supreme Court--Decision making.

Physical Description:

1 online resource (x, 180 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2017.

System Details:

text file

PDF

Summary:

In this timely book, Randy J. Kozel develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. Kozel contends that the prevailing approach to precedent in American law is undermined by principled disagreements among judges over the proper means and ends of constitutional interpretation. The structure and composition of the doctrine all but guarantee that conclusions about the durability of precedent will track individual views about whether decisions are right or wrong, and whether mistakes are harmful or benign. This is a serious challenge, but it also reveals a path toward maintaining legal continuity even as judges come and go. Kozel's account of precedent should be read by anyone interested in the nature of the judicial role and the trajectory of constitutional law.

Contents:

Framing the study of precedent

The stakes of deference

Strength of constraint

Scope of applicability

Precedent and pluralism

Precedential strength in doctrinal perspective

Precedential strength in structural perspective

Compromise, common ground, and precedential scope

Implications and transitions.

Notes:

Title from publisher's bibliographic system (viewed on 07 Jul 2017).

Other Format:

Print version:

ISBN:

9781316412237

Access Restriction:

Restricted for use by site license.