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Precedent comparison in the precedent model formalism: A technical note [PDF]
, 2020 We outline a formalization of precedent comparison in the precedent model ...
Zheng, Heng +11 more
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Reasons Holism and the Shared View of Precedent
, 2023 Although the Common Law model of precedent and the Civil Law model of precedent differ in certain respects, they are also similar in important respects.
Torben Spaak
exaly +2 more sources
SSRN Electronic Journal, 2023 Courts in common law systems decide cases as they decided like cases in the past—even if they believe they decided those past cases wrongly. What, if anything, justifies this practice? I defend two main claims.
Perry, Adam
core +2 more sources
, 2023 This chapter presents a social model of precedent, one in which the legal rules of precedent are supplemented by non-legal rules generated within social groups, principally the legal community of which the judge is a part.
Barber, Nicholas W
exaly +3 more sources
Desirability of regulative function of judicial power [PDF]
Anali Pravnog Fakulteta u Beogradu, 2022 The article presents the follow-up to a previous article which expounds the thesis that in all developed legal systems court judgments can be sources of general rules and standards that will constraint the courts, as decisionmakers, and then ...
Dajović Goran
doaj +1 more source
How the Court’s path dependence affects its role as a relational actor
European Law Open, 2023 This Article draws on research into precedent and the European Court of Justice to argue that it is distinctive in almost never retreating from a standpoint it has taken, or overturning an earlier judgement, by contrast with other Supreme Courts where ...
Gareth Davies
doaj +1 more source
Revista Eletrônica de Direito Processual, 2021 The purpose of this article is to analyze the scope of the rescission action for violation of the judicial precedent, specifically in contained list of art. 927, CPC15. Having verified this, a proposal arises to apply the same rule to arbitration awards.
Luan Eduardo Steffler
doaj +1 more source
Conflict of interest: dialectics of a normative “tiered structure”
Russian Journal of Economics and Law, 2021 Objective: to carry out a legal and dogmatic analysis of the legislative structure of the “conflict of interests” concept and its constituent categories in order to ensure the applied tasks of effective law enforcement and prevention of corruption risks ...
V. V. Astanin
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, 2023 This thesis aims to provide a philosophical foundation for the practice of following precedent in law. It argues that legal systems should adopt a practice of precedent that advances the Rule of Law instead of one that advances other values at the cost ...
Lewis, Sebastian, Sebastian Lewis
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The place of precedent and legislation as sources of law in legal doctrine [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2018 This paper explains the status of jurisprudence and legislation as the main sources of law in common law and written law traditions. It is argued that lawyers’ attitude toward aforementioned sources within both traditions has changed during recent ...
حسن وکیلیان
doaj +1 more source