Title

Formal Justice and Judicial Precedent

Document Type

Article

Publication Date

4-1985

ISSN

1942-9886

Publisher

Vanderbilt University School of Law

Language

en-US

Abstract

Despite the encroachment of legislation on matters that used to lie within the province of the common law, considerable scope remains for the judicial practice of following precedent, without challenging the authority of written law. For decisions must still be rendered where legislation has not yet intervened, and interpretations of written law can be accorded precedential force.

Comments

An earlier version of this paper was published as Lyons, Formal Justice, Moral Commitment, and Judicial Precedent, 81 J. Philos. 580 (1984).

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